In the U.S. case State v. Earls, the Supreme Court of New Jersey ruled that the evidence seized as a result of geolocation data used—without a warrant—to track a man suspected of a home burglary was not valid. In Canada, the courts have been going in a “distinctly different direction” writes Denise Brunsdon for IP Osgoode. For example, she writes, an Ontario Court of Appeal recently “found it acceptable for police to search mobile devices without an additional phone-specific warrant if the phone had no password protection.” Brunsdon says the “demand to recognize geolocational privacy is widespread…and we need better protection in this area.”
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