Is there any case law where a cell phone was not available during a police delay?
Ontario, Canada
The following excerpt is from R. v. Bell, 2008 CanLII 9378 (ON SC):
The appellant submits that the trial judge did not adequately consider the fact that during the delay the appellant had a cell phone available to him or alternatively, that the police station was close by where a telephone would be available. Counsel for the appellant submits that the availability of a cell phone and the proximity of the police station were relevant considerations that the trial judge should have taken into account in determining if there was a realistic opportunity to consult counsel. In his submission counsel referred to R v. George.
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