CanadaCan police search my cell phone when they arrest me?
Yes, police in Canada may search your cell phone incident to arrest, but only under strict limits set by the Supreme Court in R. v. Fearon — they generally need reasonable grounds to believe the phone contains evidence of the offence and must make detailed notes of the search.
What the Law Says
There is no specific federal statute that authorizes or prohibits cell phone searches incident to arrest. Instead, the power flows from common law rules on search incident to arrest — which are constrained by section 8 of the Canadian Charter of Rights and Freedoms.
Section 8 of the Charter protects everyone in Canada against 'unreasonable search and seizure'. A warrantless search — including of a cell phone — is presumed unreasonable unless justified under established legal exceptions.
The common law exception for 'search incident to arrest' permits police to search an arrested person and their immediate surroundings to ensure officer safety, prevent evidence destruction, or discover evidence related to the offence. But because cell phones contain vast amounts of highly personal data, the Supreme Court has imposed strict limits on this power.
Statutory TextEveryone has the right to be secure against unreasonable search and seizure.
— Canadian Charter of Rights and Freedoms, s. 8 — Legal rights
What Courts Have Said
In R. v. Fearon, the Supreme Court of Canada set binding national limits on warrantless cell phone searches during arrests.
Police may search a cell phone incident to arrest only if: (1) the arrest is lawful; (2) the phone is truly incidental to the arrest (e.g., found on the person); (3) officers have reasonable grounds to believe the phone contains evidence of the offence; (4) the search is tailored to that purpose; and (5) officers make detailed notes of what was searched and why — ideally within 24 hours, and no later than 48 hours.
What to Do
Do not resist the search — but clearly state, 'I do not consent to this search.' Consent is not required, but stating non-consent preserves your right to challenge it later.
Ask officers to explain the reason for searching your phone — specifically, what evidence they reasonably believe it holds.
Take note of the time, date, officers’ names or badge numbers, and what was searched — this helps if you later apply to exclude evidence.
Do not provide passwords or biometric unlocks (e.g., fingerprint or face ID) unless legally compelled — Fearon does not require it, and courts have since reinforced that forcing unlocking may breach s. 7 or s. 11(c) of the Charter.
Consult a lawyer as soon as possible — challenges to cell phone searches are highly fact-specific and time-sensitive.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.