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TO: Professor …
you asked me to read the following two cases and answer the questions set out in Assignment #3. My
responses with explanations follow.
A COMPARISON OF TWO CASES
The Fearon decision in R V. Stephenson
The Fearon case was discussed and mentioned in paragraph 67 of the decision making process. In this paragraph, it was concluded that the first search into the phone of the accused was within the legal limits set for investigative officers. However, with the in depth analysis and search into the activities of the accused phone, the judge agreed that the detectives may have crossed some boundary and violated the rights of the accused. However, the evidence collected from the phone of the accused was admitted and in thus weighed heavily on the decision of the court.
The first search
During the time of arrest, the accused did not object to officers checking his phone the first time. Instead while he was being searched in plain view of his phone, he watched the officers go through the phone. A different matter would have arisen had the accused been vocal in challenging the search of his phone. Since the accused was insistent that his rights were violated, he needed to have voiced his concerns not just in court but at the time of the search. By invoking his right to privacy and requesting a warrant in order for the officers to access his phone, the decision of the judge would have been in his favor. On the other hand, the events superseding the search of his phone did not help to rule in his favor. The judge felt that the search was essentially in plain sight and without objection therefore, it was simply a matter of concession. The accused essentially agreed to the search thereby negating the need for a warrant.
The second search
The second search was conducted by officers after the arrest and in an attempt to find evidence not just to solve the case, but to actually use against the accused. In this case, the judge found that while this search would have been against the rights of the accused, it was in the interest of justice and truth. In order to determine this, the judge had to examine the extent of the evidence gathered. From his decision. He found the evidence lacking in relevance and could therefore not harm the accused iin his own pursut of justice.
Should the evidence have been excluded, it mi.............
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