Police need court permission to access information on seized phones’ – Oliver Barker-Vormawor
by Gabs · MyNewsGh.comOliver Barker-Vormawor has questioned the legality of police accessing information on a suspect’s phone without first obtaining the necessary court permission.
The legal practitioner said the seizure of a device does not automatically give investigators unrestricted access to its contents.
“If the devices have been seized, the police need to go to court to get permission to access the contents of those devices,” Barker-Vormawor said on JoyNews’ Newsfile.
He argued that investigators must follow the required legal process before examining information contained on seized electronic devices.
Barker-Vormawor said failure to follow that process could affect whether evidence obtained from the device can be relied on in court.
He referred to the legal principle sometimes described as the “poison fruit” doctrine, arguing that evidence obtained through an unlawful process could face challenges before the court.
He said this was particularly important in cases where investigators rely on information from phones to establish links between suspects and alleged criminal activity.
Barker-Vormawor said the courts should therefore scrutinise how evidence is obtained and not only consider the substance of the allegations against a suspect.
Source: MyNewsGh.com
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