樓上班話黑警大曬嘅人
其實原先原訟庭嘅判詞
都係話「緊急情況」下警察可以無需手令搜查手機
你睇返判詞對於乜嘢情況下警察可以咁做
就會見到上訴庭只係paraphrase一下
實質上無放寬度
原訟庭:
'... [A] police officer is authorized to search it without warrant only in exigent circumstances. The exigent circumstances are where, when a person has been lawfully arrested under section 50, the police officer “may reasonably suspect” (as the standard now laid down by the provision) such an urgent search may
(a) prevent an imminent threat to safety of the public or police officers,
(b)
prevent imminent
loss or destruction of evidence, and
(c) lead to the
discovery of evidence in extremely urgent and vulnerable situation.'
上訴庭:
'... when it is not reasonably practicable to obtain such warrant before a search is conducted, the police officer must also have a reasonable basis for having to conduct the search immediately as being necessary (i) for the investigation of the offence(s) for which the person was suspected to be involved, including the
procurement and
preservation of information or evidence connected with such offences; or
(ii) for the protection of the safety of persons (including the victim(s) of the crime, members of the public in the vicinity, the arrested person and the police officers at the scene);'
(i)咪即係(a) +(c)