‘It is wrong!’
Lawyer says cops must get permission before searching people’s phones
MONTEGO BAY, St James — The issue of whether the police are bypassing the law and accessing individuals’ phones without their permission was raised in the St James Parish Court earlier this week as two men faced charges of possession of identity information and possession of an access device.
Jefferey Smith and Dwight Reece appeared before Judge Natiesha Fairclough-Hylton on Wednesday and the allegations made in the case against them involve identity-related digital data recovered during a police operation in St James. They are represented by attorneys Michael Hemmings and Henry McCurdy, respectively.
The court heard that on March 10, police conducted an intelligence-led operation in Mount Salem, St James, based on information received. During the operation, the home associated with the accused men was searched; however, nothing was reportedly found.
Investigators later identified a black Toyota Mark X as being associated with Reece. A search of the vehicle reportedly led to the recovery of a laptop from a seat inside. Police say an examination of the device revealed several lead sheets. Reece’s cellphone was also searched with what authorities say was his consent, and additional lead sheets were allegedly discovered, along with information concerning persons residing overseas.
Smith’s iPhone 16 Plus was also examined after he allegedly granted permission. It is further alleged that similar lead sheets were found on that device.
Both men were subsequently arrested and charged.
During Wednesday’s proceedings Hemmings made an application for partial disclosure in relation to both defendants, which is a request for the prosecution to provide selected portions of the evidence in the case to the defence at an early stage, ahead of full disclosure. He also raised concerns about the manner in which the phone searches were conducted, challenging whether proper consent had been obtained.
“I will urge and caution the police that when they stop persons, they ought not to search their phones before they ask permission to search. It is wrong, and I challenge that permission was given by my client based on instructions I received. We deny any knowledge of any lead sheets being found on his phone,” Hemmings told the court.
Judge Fairclough-Hylton extended bail for both defendants until September 15 when the matter is scheduled to return before the court.
