Question
There have been a number of complaints to the Competition Bureau about unwanted spam email that has been sent from the head office of CALLUS
There have been a number of complaints to the Competition Bureau about unwanted spam email that has been sent from the head office of CALLUS Inc. Following a lengthy investigation, the police determine that there are reasonable and probable grounds to charge Carson and Lucinda, who work at CALLUS INC, with offences under the Competition Act. A search warrant is obtained to search the head office of CALLUS Inc. Carson and Lucinda agree to turn themselves into police custody. Cell phones are also seized from Carson and Lucinda at the time of their arrest. The investigators suspect that to avoid detection Carson and Lucinda have been communicating with each other by text messaging on their cell phones, as opposed to email on their work computers. You are one of the lead investigators who is assigned to the case.
A) Should the police apply for a search warrant to search the computers located at the head office of CALLUS Inc. even though the police have a search warrant to enter the premises where the computers are located? Explain your answer fully.
B) Should the police apply for a search warrant to search the cell phones that are seized from Carson and Lucinda at the time of their arrest? Would it make any difference if the police searched Lucinda's cell phone for a text message sent to her from Carson, rather than searching Carson's cell phone for that same text message he sent to Lucinda? Explain your answer fully.
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