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Don’t ever hand your phone to the cops (www.theverge.com)

submitted 1 month ago by [email protected] to c/[email protected]

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[–] [email protected] 142 points 1 month ago* (last edited 1 month ago) (53 children)

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?

[–] [email protected] 176 points 1 month ago* (last edited 1 month ago) (23 children)

in such a way that things end up worse for you?

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, or 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.

Cops are not there to help you, they just want to find someone to pin a crime on. The only one that will help you is your lawyer. Stfu. Don't talk to the police.

[–] [email protected] 63 points 1 month ago* (last edited 1 month ago) (5 children)

Important addition: don't just shut the fuck up.

First, in some jurisdictions, failure to identify is an arrestable offense. Full name, date of birth, relevant cards/papers.

Second, if you need to reach for something, say something so they don't think you're about to pull a weapon on them. Officer safety is always a concern in the land of handing out guns like candy.

Third, explicitly state that you are exercising your fifth amendment rights. Otherwise you might run into an "I want a lawyer, dawg" situation.