- cross-posted to:
- privacidade@lemmy.eco.br
- privacy@lemmy.ml
- cross-posted to:
- privacidade@lemmy.eco.br
- privacy@lemmy.ml
You must log in or register to comment.
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?
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, 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.
This. You have rights, but the police will lie, cheat, and steal their way into getting whatever they want, especially when what they want is for you to waive your rights.
When stopped by the police (in America), you say “I invoke my fifth amendment right to not answer questions and I don’t consent to any searches and seizures. Am I being detained or am I free to go?” That question starts a clock for what is a reasonable amount of time to detain you for their investigation because you’ve made it clear that you’d like to leave as soon as you’re legally allowed to.
As for any kind of force, just stay silent and unthreatening. They’re gonna do what they’re gonna do, and anything you do can be used as rationalization for escalation, which they really seem to fucking love. Be polite when you do choose to speak. Obey lawful commands and let them arrest you if that’s what they’re gonna do. You don’t fight armed thugs in the street, you fight them in court. File complaints and sue when they violate your rights and cause undue harm. Swinging at them or shouting in their face is how you get shot. Let their ego win the moment and then administratively destroy their career and life later on.
I’m also not a lawyer, but this is what any half decent lawyer would tell you to do. Just shut the fuck up (but invoke your right to shut the fuck up or your silence can actually be used against you) and be as passive as possible so your lawyer has a slam dunk case getting your charges dropped and/or suing the everloving fuck out of them, hopefully nullifying their qualified immunity in the process. Nothing you do or say to the police can help you, but it sure as shit will be used against you. Even things you think are innocuous can corroborate that you’re who they’re looking for, so just shut the fuck up.
To add to this spending some time in custody is inconvenient, but losing your rights being convicted of something you didn’t even do is more inconvenient. You think you know what to say until you say the wrong thing and start digging a hole.
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.
Thank you!
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.
Edit: Just want to say this mostly pretains to United States law and similar legal structures. This advice is not applicable everywhere and you should research your countries rights and legal protections.
Never thought about it this way. Thanks!
Q: Is it shut the fuck up Friday?
A: It’s always shut the fuck up Friday.
Oh man that was fucking hilarious! Thanks for making my night!
If you absolutely have to hand over your phone, turn it off completely, like hold the power button and then tap the off icon. That will dump any keys out of RAM, which is why it always requires the full password to unlock when you turn it back on. Both in terms of how your phone works and the leaks we’ve seen, the cracking tools the police have are overall significantly less likely to be successful when used on a phone that’s been turned off and not unlocked since.
Also, IIRC iphones have a feature where they will dump at least some of the system keys from RAM if you push the lock button five times. I’d still trust fully off more but that’s easier to do covertly.
To add to this, don’t use bio-metrics to lock your devices. Cops will “accidentally” use these to unlock devices when they are forcibly seized.
Or just know how to enable lockdown mode. On iOS that’s 5 rapid clicks of the power button, screen on or off, and it vibrates to let you know you got it without looking. Dunno what it might be for android, or if it varies by model.
It ends up like a newly rebooted phone; requires a typed passcode. It also provides quick links to medical ID info and the sos emergency call thing. It may, if you have an ID set up, also have a link to that, but I don’t have that configured so not super sure.
But… “Apple bad!”
I personally rather trust that my device isn’t able to be unlocked without my permission, rather than hope I am able to do some action to disable it in certain situations. The availability of such features is nice, but I would assume I would be incapable of performing such actions in the moment.
My other thought is, how guilty is one perceived if they immediately attempt to lock their phones in such a matter, by a jury of their peers? I rather go the deniability route of I didn’t want to share my passcode vs I locked my phone down cause the cops were grabbing me.
For most phones, just rebooting it will drop it back to bio + passcode. That’s the quick method for me.
This will also put the device in the “before first unlock” state, which will make it harder to extract data, even with physical access. After first unlock some data might be accessed even without the passcode when connecting the phone to a computer
This is good to know, but adds an additional step to simply requiring a passcode to unlock on screen lock.
Duh.
Reminder: If you are in a situation where you’re presenting a digital ID to a digital ID reader, do not unlock your phone first. Tap your locked phone on the ID reader, then authenticate the document share.
No shit
I know this is obvious – but I also don’t want to have to purchase a printer to print out up to date proof of insurance.
My current plan is to just hand over the old/expired copy. Or I have to go through attempting to remember how to display a card from your Apple Wallet while it remains locked.
library will let you print a page for a dime
Most of the time you can go to the library and print it out there. My insurance company (Geico) will still send cards if i request them.
