I’m sorry if this is a stupid question, but what is the best way to refuse to do this?
Say you’re in xyz situation and a cop demands your phone. You say no. They get angry, maybe make some threats (whether true or not), etc.
What is the best way to say no, you aren’t comfortable, come back with a warrant, without pissing them off royally in such a way that things end up worse for you?
Do you have a warrant? Then sorry officer I will not hand it over per my fifth amendment right.
From there just say you’re not saying anything else without a lawyer and then just keep demanding a lawyer.
Yes. The cop will get pissed off. But better him mad then you spending years trying to get out of a bogus charge because of some bullshit they found on your phone. Better to be annoying and demand to speak to a lawyer.
You can be polite and decline consent without resisting. “I do not consent to any searches or seizures”. If it’s taken from you illegally then anything they find is inadmissible in court. If it’s taken from you legally, ain’t shit you can do anyway.
Just the act of refusing makes the act of seizing your phone legal or not. If you legally give them your phone by your own will, they are able to use all evidence they find in the courts. If you deny to give them your phone, and they seize it anyways and access it you have a valid path to throw the evidence they discover out as an illegal search and seizure of your property. I’m not a lawyer but that is the general thought process on denying them access to your property.
IANAL. This is what they want you to think, “just do this and it’ll be better for you”. It might be a short term hassle waiting for the drug dog, being arrested while they conduct their investigation, but long term it’s the court that matters. And the court will throw out anything obtained illegally or the cops do illegally.
I imagine something like “I do not consent to a search nor seizure of any of my property. May I reach into my pocket so I may place my phone in plain view? If my property is going to be seized even against my will, I still want to ensure everyone’s safety.”
Then repeat the no consent line as you place your phone on your dashboard or whatever.
I imagine this means your lawyer will have body cam footage of the double nonconsent and the judge will see you were willing to comply even with potentially unlawful orders so the justice system could sort it out in court instead of someone trying to fight it out on the street.
I’m sorry if this is a stupid question, but what is the best way to refuse to do this?
Say you’re in xyz situation and a cop demands your phone. You say no. They get angry, maybe make some threats (whether true or not), etc.
What is the best way to say no, you aren’t comfortable, come back with a warrant, without pissing them off royally in such a way that things end up worse for you?
Do you have a warrant? Then sorry officer I will not hand it over per my fifth amendment right.
From there just say you’re not saying anything else without a lawyer and then just keep demanding a lawyer.
Yes. The cop will get pissed off. But better him mad then you spending years trying to get out of a bogus charge because of some bullshit they found on your phone. Better to be annoying and demand to speak to a lawyer.
You can be polite and decline consent without resisting. “I do not consent to any searches or seizures”. If it’s taken from you illegally then anything they find is inadmissible in court. If it’s taken from you legally, ain’t shit you can do anyway.
Just the act of refusing makes the act of seizing your phone legal or not. If you legally give them your phone by your own will, they are able to use all evidence they find in the courts. If you deny to give them your phone, and they seize it anyways and access it you have a valid path to throw the evidence they discover out as an illegal search and seizure of your property. I’m not a lawyer but that is the general thought process on denying them access to your property.
Never thought about it this way. Thanks!
“what’s a phone?”
“I don’t know why my fingerprint isn’t working” (biometrics are disabled)
“I don’t remember my passcode” (it’s a pattern input field)
“The guy at the phone place changed it for me”
“It’s never really worked right.”
“There’s no Google on it tho.” (What does this even mean?)
“Who do you need to call anyway?”
“Can’t you just use your own phone?”
Just act like the dumbest creature on earth.
And if you’re Black - get shot for “talking back”
IANAL. This is what they want you to think, “just do this and it’ll be better for you”. It might be a short term hassle waiting for the drug dog, being arrested while they conduct their investigation, but long term it’s the court that matters. And the court will throw out anything obtained illegally or the cops do illegally.
FYI thats illegal (US vs. Rodriguez)
Detained*
Thank you!
It depends a lot on your location on the planet.
I imagine something like “I do not consent to a search nor seizure of any of my property. May I reach into my pocket so I may place my phone in plain view? If my property is going to be seized even against my will, I still want to ensure everyone’s safety.”
Then repeat the no consent line as you place your phone on your dashboard or whatever.
I imagine this means your lawyer will have body cam footage of the double nonconsent and the judge will see you were willing to comply even with potentially unlawful orders so the justice system could sort it out in court instead of someone trying to fight it out on the street.