Skip to comments.4 Things You Need to Know If the Police Try To Search Your Phone
Posted on 06/30/2014 3:38:15 PM PDT by Kid Shelleen
In a rare unanimous Supreme Court decision yesterday, all nine Justices agreed that, yep, searching your phone without a warrant is indeed illegal. So if a police officer ever does try to dig through your digital dirt unlawfully, this is what you need to do.
The often controversial Chief Justice John Roberts summed the whole thing up with a few delightfully biting lines in the court's decision:
(Excerpt) Read more at gizmodo.com ...
Don’t Talk to the Police
I use a tracfone.
They can have the damn thing.
The law and the Constitution is what the street cop says it is.
4th Amendment anyone? The SCOTUS has been remarkably refreshing lately!
they can have my little phone the battery is probably dead anyway.
Change your password to DIEPIG and see if that gets their attention. lol
Not on everything it hasn’t
Whew, I thought I’d be in trouble for those death threats to my teenagers.
First hide your Dog
Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary. Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.
What smart phone? What phone? If you live in a sanctuary city, you are good to go.
Fortunately most grow out of the condition.... Buck up.....
Maybe by the time my youngest is 16, I’ll be able to communicate with brainwaves. “If you don’t walk in the door in the next ten minutes, you’re dead. DEAD!”
Not when you get into court. Court is where all the action is. The stuff with the cop on the street is just preliminary stuff and any bit of that can be tossed in court, if it’s done illegally.
I would rather go with the arrest and simply get bailed out a few hours later ... :-)
Then I would let my lawyer do all the heavy lifting!
When my daughter turned 13 I tried to give her to friends to raise. Said I would happily pay all her bills, just take her but no one would. And that was even in the day when teenage problems were small peanuts in comparison to what parents fight now. She remarked one time that she had to be a difficult child to raise because her older brother had been too easy and we needed to have at least one challenge in our life.
Over the years she became my best friend but her life was ended 12 years ago in an auto accident. I would gladly have those troublesome teen years back because I have come to appreciate that they don’t last forever.
The advice they have of keeping your phone locked is good advice. And, with an iPhone, if you get to a computer in the next few hours, or a day - you can remotely erase the entire contents of your phone ... :-) ...
That was 1893, a period of time when the United States was a civilized nation.
We have descended amazingly close to outright tyranny.
Absolutely! Hide your dog and cover your parakeet!
Don’t get a phone...
Tamper with evidence? Would you wireless carrier give you up to the cops?
Right - but when you’re confronting the cop he/she could pound you into the ground and then charge you for resisting arrest and assault and kicking puppies .... plus wire tapping.
If they didn’t have any right to it, then they would have to prove their case in a court of law. They may have gotten physical possession, but if there is no warrant, they cannot show that they should have it legally. If they weren’t supposed to have it legally, there’s “no evidence” ... :-) ...
It’s always good to have a few recording devices around ... :-) ...
And if they can show me how to take pictures and stuff, I'll gladly turn it over..........
Thank you - that’s a good reminder.
Right - one of those small digital ones - but then, I’ve read if you secretly record a converstion then it’s wire tapping .... I have a recording camera in my car with a microphone - it runs when I drive ....
Knock on wood
Yep, I think everyone should have that ... :-) ...
Put a sticker on your drivers side window indicating that all conversations with the driver are being recorded. Building owners do this all the time to prevent “wire tapping” from cameras on premesis.
:( so, so sorry....but thank you for sharing your experience.
Police beat up and sometimes kill people for resisting unlawful arrests all the time and get away with it.
Depends upon the laws of the state in which you reside. Here it’s perfectly legal to record a conversation so long as one party to that conversation is aware. In other words, it’s only illegal if an individual or entity that was not a party to the conversation recorded it without disclosing that fact.
I have a Fujifilm AX350 with a 64GB memory chip. I can record up to four hours if need be. I just run it in shooting mode and erase the chip at the end of the day.
On my drivers side I have an Israeli Police sticker in English and Hebrew LOL
Thanks for that link. 45 minutes well spent!
I was thinking more along the lines of spelling out “y-o-u-n-e-e-d-a-w-a-r-r-a-n-t”.
Never tell the officer you did anything wrong. In court, whatever they testify you said carries weight.
“Speeding?? I doubt that! Have you had that thing recalibrated lately?”
“Wait until your father gets home” is not considered a death threat.
“I’m sorry Officer I can’t let you look at my phone right now because I am busy using it to video-record this traffic stop. smile!”
20 bucks at DG.
My cell phone only had work numbers on it.
Its been in a kitchen drawer for the last 5 years since I retired.
So to all the JBT’s out there; HAAA HAAA.