• kingthrillgore@lemmy.ml
    link
    fedilink
    English
    arrow-up
    1
    ·
    2 months ago

    DO NOT GIVE THEM YOUR PHONE

    DO NOT TALK TO POLICE

    Your ONLY responses should be to identify yourself, and “I will not make any statements without my lawyer present.”

  • PrincessLeiasCat@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    1
    ·
    edit-2
    2 months ago

    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?

    • someguy3@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      ·
      edit-2
      2 months ago

      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.

      • MrVilliam@lemmy.world
        link
        fedilink
        English
        arrow-up
        1
        ·
        2 months ago

        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.

    • Agent641@lemmy.world
      link
      fedilink
      English
      arrow-up
      0
      ·
      edit-2
      2 months ago

      “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.

  • Zement@feddit.nl
    link
    fedilink
    English
    arrow-up
    1
    ·
    2 months ago

    The more comments and news I read about the US the more Orwellian it feels.

    You guys really need a massive left-shift away from the omnipresent government which regulates bodies more than companies.

  • Lemonparty@lemm.ee
    link
    fedilink
    English
    arrow-up
    0
    ·
    edit-2
    2 months ago

    Pro tip, if you suspect the police are going to take your phone, turn it off. As far as I am aware, finger print and face id do not work on initial startup and they can’t compel you to enter your pin without a warrant.

    • Welt@lazysoci.al
      link
      fedilink
      English
      arrow-up
      0
      ·
      2 months ago

      *counsel you. I’m picturing a police officer comforting a suspect who’s sobbing with a hand on their shoulder haha.

  • endofline@lemmy.ca
    link
    fedilink
    English
    arrow-up
    0
    ·
    2 months ago

    It’s not possible not to it you want to visit USA. If you don’t, they’ll reject your visa or deny entry. Thr only way is to use brand new cheap android before or after ( after is better ) and resell it once you go back. Most corporations do so