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What To Do If Police Try To Search Your Phone Without a Warrant
blottsie writes: The Supreme Court ruled this week that it is illegal for police to search your phone without a warrant. But just because that's the new rule doesn't mean all 7.5 million law enforcement officers in the U.S. will abide by it. This guide, put together with the help of the EFF and ACLU, explains what to do if a police officer tries to search your phone without a warrant. Of course, that doesn't mean they don't have other ways of getting your data.
Don't piss them off.
Just say "I do not consent to this search. Repeatedly.
That does piss them off.
How about, "don't have evidence of crimes on your phone," because "you aren't a criminal." /. groupthink is, as usual, that all cops are dishonest and looking to railroad everyone, because there was a bad cop once, and since he wasn't instantly outed by co-workers, that all cops are part of his nefarious plan to subvert your rights at all junctions.
Want to have a bad time at a traffic stop? Start your traffic stop by doing the crack-the-window and repeating the "am I free to go" mantra. I don't like driving to San Diego from Phoenix and having to get inspected along I-8. It angers me. ...but the solution isn't to be a dick to the guy out there in the papers-please guard hut. Keep voting against the idiots who make these things possible.
In the meantime, just keep your phone locked.
My attorney is the lead partner of probably the most succesful firm in Portland, OR and he disagrees with you. Under no circumstances should you trust a cop, EVEN if you are innocent, words directly from him to me. That means no talking, etc. That doesn't mean you have to be a complete arse, but you're being disingenious by suggesting most cops are decent folks, they are not, and even the ones that are are institutionalized into sticking up for the scumbags.
If a cop hates you he WILL find a reason to arrest you, you can't stop that, what you can do is make sure the DA's office has crap-all to work with in court and set yourself up for a wrongful arrest civil action (free college for your kids).
How about, "don't have evidence of crimes on your phone," because "you aren't a criminal." /. groupthink is, as usual, that all cops are dishonest and looking to railroad everyone, because there was a bad cop once, and since he wasn't instantly outed by co-workers, that all cops are part of his nefarious plan to subvert your rights at all junctions.
You aretrolling, right? It's well-known that it's harder to convict a cop of a crime than any other citizen (they are not military, they're just citizens with badges) and yet they are convicted of crimes about as often (per capita) as anyone else. Except rape. They're convicted of rape four times as often.
Now I know you are trolling, since the median citizen commits an average of three felonies a day.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
As opposed to trying to physically stop them?
The advise is sound. Do NOT consent to a search, make it clear you do not consent to as many people as possible. Even if you don't think you have anything to hide, do NOT consent to a search, ANY search... Ever... Period... You don't have to be obnoxious or disrespectful to make it clear you do not consent.
If you think they are searching your phone, say something like "Officer, I didn't give anybody permission to search my phone and I object to you looking at it." If they ask you why, you only need to repeat "Officer, with all due respect, I do not give permission for any searches." If they ask you if you have anything to hide, keep saying the same thing.
Further, I would recommend that you not answer any questions they may ask either. Once you have provided your identification, you are done answering questions with anything but "Respectfully officer, I am not required to answer your question. May I leave now?" If they say "No" or indicate that you may not leave, then you ask "Am I under arrest?" If they say you are not under arrest start the process at "May I leave now?" and keep going around the same bush until they let you leave or arrest you. Once they arrest you, SHUT UP. Say nothing but "I want my lawyer present before I will answer any questions." If they let you go, GO!
Follow this process, even if you have nothing to hide. Where it may seem to be a pain, you literally have NOTHING to gain by consenting to searches or answering questions and doing so may cost you, so it makes no sense to be cooperative. If they come to your door, don't invite them in, just step outside and close your door behind you. Remember, no answers to their questions, and no permission for any searches. Go back inside once they let you go.
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