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Can Police Confiscate Your Smartphone
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<blockquote data-quote="vansmith" data-source="post: 1591145" data-attributes="member: 71075"><p>Then how did that one justice argue that confiscation of personal property wasn't unreasonable? I fear that I'm missing important details about this case (was it about confiscating it once you've been arrested already?).</p><p></p><p>Here, it's been debated at the Supreme Court in <a href="http://en.wikipedia.org/wiki/R._v._Lifchus" target="_blank">R v. Lifchus</a> (that's more about reasonable doubt but I imagine that some of those principles might apply including presumed innocence and logical connection to evidence).</p><p></p><p>I don't know about Australia but I'm fairly confident that a choke hold wouldn't fly in any jurisdiction here as reasonable force.</p></blockquote><p></p>
[QUOTE="vansmith, post: 1591145, member: 71075"] Then how did that one justice argue that confiscation of personal property wasn't unreasonable? I fear that I'm missing important details about this case (was it about confiscating it once you've been arrested already?). Here, it's been debated at the Supreme Court in [URL="http://en.wikipedia.org/wiki/R._v._Lifchus"]R v. Lifchus[/URL] (that's more about reasonable doubt but I imagine that some of those principles might apply including presumed innocence and logical connection to evidence). I don't know about Australia but I'm fairly confident that a choke hold wouldn't fly in any jurisdiction here as reasonable force. [/QUOTE]
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