Whether a phone is password-protected or not is not a determining factor, according to the ruling. Though a suspect has the right to remain silent during an arrest and not give their password, police could still take the phone and unlock it, depending on their technological capabilities.
“Obviously if it’s password-protected then the police will be limited in their ability to search it on the spot but that’s more of a practical consideration,” said Mathen.
In a June 2006 kidnapping case in British Columbia, two password-protected BlackBerry smartphones were seized as part of the investigation. It took an RCMP forensic lab two months to recover information from one, and over two years to recover contents from the other.