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, 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.
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.
But sir, this doesn't sound like protect and serve at all!
Courts have ruled that the police have absolutely no duty to protect and serve you. That shit is a slogan. The reality is that they exist to protect capital and serve capitalists. Cops are class traitors, punishing anybody who steals or threatens value of capital. Some cops do some good, but that isn't and never was the real intent.
I have seen a video of police playing basketball with the community, problem solved?
I'm 99% sure that you're kidding, but a shitload of people actually think like that. Decades of copaganda in TV and movies weren't for nothing, and now social media is full of it. The 80s was saturated with loose cannon cops who get results and it convinced people that sometimes it's okay to violate rights. Now it's cops doing tiktok dances or flipping water bottles to convince people that hey, they're regular people just like me, and well, golly gee, I'm not a fascist so how can I possibly believe that they're fascists?
Have one involuntary interaction with a cop and your view will change. The cops primarily target brown and/or poor people, so it's no wonder that the vast majority of thin blue line dipshits are financially comfortable honkies who've never had the cops target them.
Sidenote: I've always chuckled at the people who have both a thin blue line bumper sticker and Gadsden flag bumper stick/license plate. Basically a billboard that says "tread on those ones, officers" but they're always the same people claiming "I don't have a racist bone in my body!" Okay, but only because bones can't be racist; it's your brain that's racist.
i absolutely am. I'm also just jaded at this point and don't have the patience to put into words what you said. You've been hitting the nail on the head this whole thread.
Humans are top dog because of two things, sweat and communication.
We're nothing without communicating, and you're doing a killer job at communicating these issues. Keep being you, homie.
Thanks, much appreciated! I just hope that some of what I say gets through to at least one person and teaches them something or helps them in some way. It's all for nothing if I'm just telling people who already know all of this.
It's tough to hold onto hope regarding these things, but it's worth it.
I hate advice like this because you just say empty terms like "obey lawful commands" after saying to not do anything. The question is how do we do this practically. Cops can lie. They can just say whatever is a lawful command. This is why this sort of advice needs to be more specific.
A good example, presenting your driver's license for traffic stops. That's usually a law, is it not? But you say to not consent to searches or seizures. The whole reason people ask for specific practical advice is because they don't wanna get fucked over by the cops but also don't wanna get fucked over for unintentionally pulling sovereign citizen like bullshit.
If you are operating a motor vehicle, you are required to hold a license to operate that vehicle. Ergo, if you are operating the vehicle, the police can ask for proof of your licensure to operate that vehicle, and you are reauired to produce it. That is not covered under search and seizure.
Then people giving this sort of practical advice should explicitly say that lest someone get arrested for failure to present a license or whatever.
The litmus test for whether something is a lawful order is to ask what will happen if you refuse. If the penalty for refusal is your arrest, say that you would prefer not to but will comply under threat of arrest. If it actually wasn't a lawful order but you complied to avoid arrest, you'll learn from a lawyer and get to sue over that.
As somebody else noted, driving is a privilege, not a right; if you're pulled over for a traffic offense, you're obligated to hand over your license and other related documents as requested depending on the state, probably registration and proof of insurance. If you don't, then in many states it's assumed that you were driving without being licensed to do so, and you're probably going to jail.
On the flip side, if the cop asks to search your vehicle, you can tell him no. Don't stop him from doing it anyway, just reiterate that you don't consent to it and fight in court. There are some situations (like you're under arrest and your car is being inventoried and impounded) in which they don't need your consent to get in your car. Probable cause also gets them access to your car without your consent.
If you're asked to do a field sobriety test, just refuse. Same for a breathalyzer. They'll probably take you in and have you use a lab machine at the station, but that's preferable to their bullshit games if you know you're not doing anything wrong. Make quantitative science be the only evidence. Don't drink and drive in the first place and you'll be fine on that front.
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.
in some jurisdictions, failure to identify is an arrestable offense
There's nowhere in the US that is true without reasonable, articulable suspicion (Terry v Ohio)
explicitly state that you are exercising your fifth amendment rights.
You really don't need to do that unless you've already started answering questions, but it is good practice.
Keep in mind that the cops don't have to provide you with their reasonable suspicion in order to demand ID. It's not until court that they have to provide their reasonable suspicion. So they have plenty of time to come up with justification after the fact.
Also, on the Fifth Amendment I thought I had read somewhere about a case where a man simply remained silent and never once invoked his right and it didn't end well for him. I cannot remember the details, but for some reason I thought that you still had to invoke the fifth even if you have not yet answered any questions. I'll have to look back into this later and post back if I find the story.
So they have plenty of time to come up with justification after the fact.
Sure, if they have any.
I thought I had read somewhere about a case where a man simply remained silent and never once invoked his right and it didn't end well for him.
Yeah the footnote from that case was that he started answering questions and then clammed up later. For some reason that doesn't work.
It might be a short term hassle waiting for the drug dog
FYI thats illegal (US vs. Rodriguez)
being arrested while they conduct their investigation
Detained*
They can't detain you in the US for the purpose of conducting an investigation
...what? That's the only reason they detain you...
They can in a few states. Delaware, for instance, where the law provides them two hours even without having to clear the bar of reasonable suspicion. This is of couse blatantly unconstitutional, but it's still a state law.
Thank you!
what is the best way to refuse to do this?
try to be as white as possible.
They definitely slam white people's heads into the ground for telling them no, too.
but black people are free practice targets to them
Not always.
If you're not white, it is ALWAYS.
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!
"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"
input the wrong password like 5 times to lock up the phone then say its muscle memory and you don't remember the password numbers
iPhone tip to require password to open:
Hit lock five times
or
Hold lock & at least one volume button
(Edit: ahh, this tip’s been given several times now, only new info is that either volume down or volume up or both will work)
Oh man that was fucking hilarious! Thanks for making my night!
Mobile youtube links, gross
Sounds like someone could use some more shut the fuck up Friday in their life 😘
It depends a lot on your location on the planet.
And skin color
My wife, a person who passes for pale white, refused to allow a police officer to investigate her car after a speeding ticket. I wasn't here. Her car apparently "matched a description " but they had nothing. She told me they spend another 15 minutes having her sit on the shoulder, then let her off.
I drove with my family through the south. Had two kids in the car. I'm also brown. No reason to be pulled over, but I did have plates from Ohio since it was a rental. Shitty cop said there's a lot of folks "in his parts" that smuggle drugs using rentals and kods and demanded I open the trunk. I kept saying I'm trying to visit my family, I got kids in the car. 20 minutes with a crying kid, In frustration, I relented, showed him the empty trunk.
Depends on local laws, but if the cops ability to seize your property without warrant isn't protected by local laws:
Ask if they have a warrant and if they don't then take your phone oout and power it down, then put it back in your pocket and tell them they can direct complaints to your lawyer because you're not handing over any devices.
If they seize it without a warrant then you can sue the department, although if they have reasonable suspicion then you won't have much luck.
In the states, they'll just accuse the phone of committing a crime and take it anyways
In 2015 they took a black man's car and he took them for 1.25 Million.
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.
Disable biometrics
Android: look up “lockdown mode”
iOS: hold volume down + power, or press power 5 times fast.
Better: restart the phone. This puts it into the safest state it has, as it has not yet been initially unlocked and will require a non-bio auth. Stronger security, may/should hold if they attempt to attack/hack/compromise it, if it comes to that. Takes like 3 seconds. Do it, not the equal-time-worse-security version of just disabling bio.
Additionally, running GrapheneOS you can set up a duress pin to wipe the phone profiles if things were to escalate.
Being smart, set up the main profile a bit to look real, but have no actual information. That way it's not obvious tha its been wiped.
Being cheeky, set the duress pin to be something simple like your birthday. So if you are detained/arrested and they try to get into your phone they are the ones to wipe it for you.
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.
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.
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.
Five times wanted to set off an emergency service call and sound the alarm 🚨 YMMV (Pixel 7)
Additionally, with the Pixel 9 holding down the power button no longer turns it off, you have to press power and volume up at the same time to get to the power menu.
That can be changed in the settings
I had no idea... thank you! It's always a crapshoot if I take a screenshot or get into the power settings. So bizarre.
power and volume down does screenshots
Power and Volume DOWN would make infinitely more sense for “power DOWN” function.
not particularly
There's usually a hardware level power off function for when the device freezes and stuff. Can usually hold the power button for ~10 seconds will power off the device without needing to look at the screen
Holding the power button for 1 second also opens the menu.
I use KeyMapper to map "long press of the lock button while screen is locked" to the lockdown/secure lock action
My country has made it illegal to not give your keys.
You can use that argument but it will depend on if they believe you.
How can they prove guilt? Innocent until proven guilty under English common law, right?
It's not about guilt. It's about whether or not you know the password. In most cases not knowing the password will be deemed improbable because the chances are extremely low. You'll have to provide a scenario where it becomes probable, and said scenario must be deemed probable as well.
Nah, can't be, they said it was a European one and the UK voted to no longer be part of Europe. /s
Incidentally, the European court for human rights said that that law violated the ECHR convention.
The UK said "yeah, so what?", which since they've left the EC it's legally right, but it's not a great outlook when you're told your laws violate human rights.
A lot countries have this now.
Even for a number of countries where it's not technically enshrined in law, police can still effectively do it anyway, by detaining you for as long as they like until you comply.
The solution is to simply shit yourself, without breaking eye contact, while under their custody to assert dominance.
Also on Android press the power button and volume up button simultaneously, and then press lockdown.
Mark my words.
For many of us, this is a "No shit Sherlock" moment.
But in 10 years, we will have young people going "Uh what really?"
Remember when we used to say, "Don't put your name on the internet?" And now it's everywhere?
That was like the biggest thing i learned in computer class, that i already knew in 2002 or so. Later myspace became a thing, and everyone had a myspace name. Then facebook and some people used their real name. Then facebook asked you for your phone number, and i thought: well, that's silly, who in their right mind would do that. Turns out the answer is everyone.
They even give them all phone numbers from all of their contacts linked to real name (even those who don’t have whatsapp)
What a database…
They exactly know who knows who and how connected people are. Nearly everywhere in Europe. Don’t know about US, I think there is more iMessage?
Yeah I remember the early days of the internet when no one used their real name and we had relationships with dozens of people who we had no idea where they lived and what their real names were.
It seems quaint, but I kinda liked it like that.
Its still like that on discord. Have no idea what one of my closest friends name is, but he really loves opossums and Minecraft!
Remember when we used to say, "Don't put your name on the internet?" And now it's everywhere?
Mine isn't, go ahead and look it up. You won't find my name anywhere in the internet.
Here it is encrypted so only you can read it: >!John Jacob Jingleheimer Schmidt!<
Hey what the heck? How did you get my Lemmy password?
All I see is *******
Hunter2
This meme is 20 years old now, I bet there are kids repeating it who weren't alive when it was first made and don't even know where it comes from.
I don't see what the difference would be in 10 years.
I don't think 90% of people, especially "young people" would avoid doing this already. It's already a major awareness/compliance issue, and not at all a "no shit sherlock" moment.
But what did you have in mind that will be different in 10 years? Paricularly for young people.
I bet I dossed my pseudonym like not even a day after creating 🤣
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.
Oh sorry instead we’re going to get fascism
The whole Western world is at this point, it's so depressing. Even when the left seems to win democratically people like Macron nakedly abuse their authority and choose to caucus with the fascists over the social democrats.
This is what happens if you stop developing your democracy and chill on the work people from the past have started to develop
Happens all the time, if you look into history
At some point, someone is going to figure out George Orwell was actually a time traveler, and he tried to fix things with books. He had to deliver the message that way because if he just shouted in the streets the things that were going to happen, he'd been written off as a madman. Change a few details here and there... and then sell it as "fiction"...
Frankly, George Orwell is part of the problem. Aside from a brief stint during the Spanish Civil War where he supported the CNT-FAI, he spent the overwhelming majority of his life supporting the British Empire and relentlessly hating Communists (and other socialists and members of minority groups) of all stripes, to the point where even the British government told him to chill the fuck out because they were allied with the Soviets. His books aren't immensely popular in extremely right wing countries because they have a left wing critique of government overreach, they're popular because they are anti-government in exactly the same vague and malleable way that all populist right wingers are.
I have been to a few spots over there and it is crazy how different culturally it is. Nothing is away from politics and cops get called fot eeeeverything.
Where do you live?
European Union FTW, Germany specifically where the CCC is a massive counter measure to uneducated politics.
Yes. We must know where they live so we can shit on their country to make ourselves feel better.
'Merica!
IDK I just had a overwhelming sense they were in the UK, which is like... way worse.
You are 66 times more likely to be killed by a police officer if you are in the US compared to in the UK.
Oh we're talking about police killings suddenly? I thought we were talking about civil rights?
The comment was talking about things being Orwellian. Is it not Orwellian to have police killing many, many civilians?
There's other things.
For example, the UK is the most surveiled populace over any whole country. Which is neat.
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.
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.
It's also much more secure to reboot (and not unlock) it, should it be taken from you and potentially tried to be broken into or compromised in some way, usually to extract data and perform forensics. A phone that has been unlocked is weaker with protection than one which has been restarted and awaiting first unlock.
(On Android five clicks on the lock screen makes an emergency call)
But… “Apple bad!”
Yes, Apple is bad. They are a tax-dodging multi-trillion-dollar company. They are not good. They are not your friend.
Android phones have this feature as well btw lol
Google IS your friend?
Where did I say that?
You seem to be looking at this like a console fanboy. Me criticising Apple does not mean I'm a fan of Google.
Just stop
no
If you reboot your phone, the first unlock can't use biometrics
You can also set it up so biometrics can be used by apps but not to unlock the phone. That way it's easy to get to your apps and such but trivially more difficult to unlock.
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."
Serious question, what gets you into these situations that you need to safeguard your belongings so hard? I'm asking to understand not to make a shit post thread.
Edit: 13 hours later...not a single one of you?
All this makes it sound like police are giving you a bunch of time to respond and addressing you politely.
I mean, I agree on the principle. Don't just hand your phone over to... anyone, really. But the game becomes very different when a guy with a gun is hassling you over it.
This is why I set up tasker to lockdown my phone under certain conditions, such as: getting disconnected from Bluetooth (like when my phone is separated from me and my watch, my headphones, or the car), getting disconnected from WiFi (like when it's taken from where it's supposed to be), getting a slight jolt from the accelerometer (like getting thrown to the ground or even just a swift tap). My phone may get locked down a bunch during day to day stuff, but at least I know it will lockdown automatically when it matters.
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.
*counsel you. I'm picturing a police officer comforting a suspect who's sobbing with a hand on their shoulder haha.
Not counsel, compel actually. But either way, definitely not console! Ha
What's a lemon party? I should Google it.
Election season is right around the corner, join us! Lemonparty.org
Did I just get Fight Clubed with a millisecond of a chaturbate gay ad.
Better yet: don't use biometrics. My phone has face recognition for unlocking, but I better stick to a PIN/PASSWORD.
Or better yet just don't use a phone at all! Can't make you unlock what you don't have!
If you have an iPhone, holding down either volume button and the side button will bring out the Medical ID, slide to power off, Emergency SOS screen. This will also disable FaceID. Password will be required to access the phone now.
Just hold Side button and one of the volume buttons to deactivate biometrics
Double check this in the state or country you're in. I recall something from a few years ago where the police could force you to give a swipe pattern and maybe pin since these items are not covered in the same way that a password is.
Maybe in some countries but in a western one they aren't getting a pattern or passcode unless you verbally give it to them. We do know though that there is some level of capability to crack phones though.
Indent to find an article to back up what I remember and in 2020, a woman was held in contempt of court and jailed for refusing to provide a passcode. The case was later overturned.
But they didn't get the code. That's the quest they can do, hold you in contempt of court. Which in the US is illegal under the 5th amendment.
How can you be forced to input a pattern/PIN?
My phone has a "Lockdown" option in the power menu. It usually makes it require the pin and fingerprint won't be available until unlocked again.
You can destroy it completely, no way they get to the key to encrypt your files like this ☝🏻🤓
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.
But aPpLe CaRe AbOuT pRiVaCy
Is article mixing things or am I missing something?
You don't need to hand over your phone to present a digital ID. At least in my country the digital ID just creates a qr that the cop can scan to verify. There is no reason to hand over anything on the whole process.
Brazil? I do miss being able to leave home bringing only my phone because my ID and cards are all there
I'm also from Brazil. I chose to refuse any digital IDs: for example, my CNH (for non-brazilians: it's our driver's license) is physical and I used a dumbphone (Multilaser Zapp) to justify to the bureau that I can't have apps for digital IDs (I kinda could within my other device, a smartphone, but I lied having only Multilaser as device). They can't force people to have digital IDs, yet. Not everyone has a smartphone, it's common in Brazil for a house/family/community to have multiple people using one single smartphone, digital IDs won't be usable for this situation. It's not my situation, I avoid to take my smartphone outside of home due to security concerns, so I take a dumbphone instead.
Digital IDs have multiple problems. What if the smartphone breaks? What if the smartphone has no battery when one needs to show one's IDs? These were the factors that motivated me to refuse any digital IDs.
Does your phone need to be unlocked to show that qr code?
Of course. But if a police officer were to remove your phone by force, first it would be illegal without a warrant so it would almost made you a favour as all evidence in your phone would be invalid in court.
Then if they just want to remove by force, with or without warrant, they can just take it from your pocket. Even locked if they want the info in your phone they are probably getting it. They would have access to some of the best forensics teams and equipment.
Following the same logic, should we never have an unlocked phone near a police officer? I don't know about that.
And if you are just that paranoid I would probably be easy to just have a second profile on your phone just for the ID. And you are the same as if having the phone locked as password is needed for changing profiles.
Even locked if they want the info in your phone they are probably getting it. They would have access to some of the best forensics teams and equipment.
I think some of the concern is when cops will use force illegally and then lie about it, so they wouldn't necessarily have access to forensics.
Like taking your phone and go through your WhatsApp messages?
If that's a concern you could set up a password to access any sensible app or chat within that app.
I think that is a more sensible approach. As if you are targeted by any reason an undercover cop could get a hold on your unlocked phone by many different ways.
Seems like a good use for android app pinning, I think that locks the phone to that app until unlocked
But if a police officer were to remove your phone by force, first it would be illegal without a warrant so it would almost made you a favour as all evidence in your phone would be invalid in court.
Even if what they find on your phone isn't valid in court, it can still lead them to other things that are valid. For instance, a picture taken at a specific place with a timestamp. That picture may not be admissible, but if they find CCTV footage of you at that time and place, you're screwed.
Cops can and will overreach their powers, and they'll probably get away with it.
Even locked if they want the info in your phone they are probably getting it. They would have access to some of the best forensics teams and equipment.
Sure, but it's a lot harder for them if your phone is encrypted and shut off before you encounter them.
Following the same logic, should we never have an unlocked phone near a police officer? I don’t know about that.
You really shouldn't. Cops are never on your side.
You really shouldn't. Cops are never on your side.
I mean never is a strong word here. People are saved by cops every day. At least in my country. Just looking today news: women was arrested after being violent towards doctors in La Palma. Pretty sure doctors though cops were on their side.
You have to be sure to defend your citizen rights and prosecuted rights (if it even become to that). But that does not conflict to call the cops if you need to and if you are being victim of a crime they'll most likely help you. Once again, that's how it is where I live.
I will admit I'm making some strong, harsh statements. But I think that's a pretty natural result of living in the U.S., a country who's cops operate closer to a gang than Rescue Heroes. They kill minorities with virtual immunity. They racially profile people. The list goes on.
Somebody who intentionally joins a group like that does not have good intentions, or is ok with their buddies not having good intentions, or gets kicked out quickly for tattling on their fellow cops. So yeah, cops are never on your side, at least not here.
In the US, cops are legally allowed to just ignore you.
There was a case in Colorado I believe where an estranged husband kidnapped his kids from their mom. The mom went to the police but they kept brushing her off. After while the dad showed up to the station with a gun, promptly got killed, and then the kids were discovered dead in his car.
It went to the courts, and courts came back with "yeah they don't HAVE to help you." Of course this is overly simplified, but there's case law in at least part of the country now that allows cops to ignore anyone at their discretion because they're on dinner break or just not feeling it.
Also in the US, cops can tear your car up on a minor traffic stop because they "smelled" something. If they search your vehicle for whatever reason, they can decide they want to throw all you stuff out on the road, cut open your upholstery, take door panels off, etc. And if they don't find anything? "Have a good day sir, get your shit off the road it's a public safety hazard." Then drive off leaving you to pick up their mess. And yes it has happened, and no not just once.
There was a case in New York where a guy was going around stabbing people. Cops posted up looking for him of course. Guy on the subway got stabbed nearly to death, a bystander tried to help the victim and took the criminal off-guard. Cops came in from the operators cab and subdued the criminal. They were watching the whole thing from the operators window and didn't help the victim until they saw an opening created by the bystander. Literally watching a guy on his way to getting stabbed to death and only decided to intervene when they felt like it.
Also the Uvalde school shooting. Just hanging out in hallways while kids get shot, waiting for the danger to clear.
Also George Floyd but at least some amount of justice has been served there. But I'm highly skeptical it would have came to that if the case wasn't as well-known as it was. Shit happens all the time. They have a term they love to bust out for minorities who are acting out of line. "Excited Delirium": look it up.
I could go on, but I think you get the idea. They "can" help, but totally not a requirement.
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
So the answer is to not visit the US then.
Don't you want to see our amazing 200 years as a nation and 500 years of massacre sites??!!?
No, but your weird obsession with ridiculously unhealthy food is somewhat interesting.
The obesity rate in Australia (and New Zealand) isn't very far behind the USA...
Agreed.
And the causes are probably broadly similar; lack of education about how to cook, lack of time to cook, lack of education on healthy food, too much food advertising, ultra-processed foods are too common, healthy foods are expensive....
it's a policy that has never let me down
For iOS. You can just hold down the lock and volume up button and it will require your passcode. 5x lock works too but I feel the former is easier.
You can show your wallet with your phone locked. Settings > Face ID & Passcode > Allow access when locked > Wallet
For Android:
Open Settings
Search for "Lockdown"
Select "Show Lockdown option" from the results, or the result that most resembles that.
Enter your pin if required.
Tap the associated slider to enable Show lockdown option
Now when you hold your power button, you get a "lockdown" option that disables biometrics and forces you to enter your passcode for the next unlock.
Particularly useful for me, as I have my phone set up to always be unlocked if my watch is close enough (maybe stupid of me), but I can force lock it at any time.
On some phones you won't get anything when searching for "lockdown" but you most likely have it, it's typically under Display > Lock screen > Shown lockdown option.
I appreciate you.
Also relevant:
Yo! Where was this when my nephew was small and wanted to play Angry Birds on my phone lol
They only need to be 500 miles near you, if they pay for the good juicy 2G exploits 😉
A lot of countries have disabled their 2G networks (and 3G in some cases). I think 4G and 5G have a more secure signaling protocol than SS7?
Australia is currently in the process of phasing out 3g, which is annoying cause a 3g hotspot is the only way I can consistently get my 2ds connected to the internet
Hu? Hotspot is wifi, so what Generation of mobile Network is used should not impact that. The problem with DS would only be wpa2 not supported, but that does not matter, if you do not set a password.
It it isn't 3g, it just won't show up regardless of password and I have no idea why
Home WiFi is very inconsistent on it as well, existing and connecting but not giving internet (but somehow passes the initial check)
Maybe your phone only uses 5GHz wifi if internet speed is good enough that it is worth it. There is usually a switch that is called something like maximum compatibility where it turns WiFi down to 2.4GHz
How do test if it has internet? Nintendo has shut down eShop and online play, so those features are expected not to work. (If you don’t know someone running a reverse engineered servers like pretendo, and set DNS of 3ds accordingly)
I have two 3ds in my wpa2 network (should have written wpa3 in comment prior, got confused, only OG DS does not support wpa2) and they connect to the internet very well (with only 500k down 😂 but it is enough to download games (😜from the source where there are still some available) over night)
The internet status in the top left when on the home screen, it is blue for about half a min then turns grey which signifies losing connection
I have no idea why this happens tho, so for now I'll stick to 3g hotspot til it gets removed
Well, it does not matter if the country has no 2G. The thing is, that your phone is 2G compatible. They tell the phone something like “ehh, at this spot we have only 2G roaming” and phone is like “sure, let’s downgrade to 2G”
Profit.
Ohhh I didn't consider that. Good point!
*especially if you've got nothing to hide.
Duh.
Seems like the cops should now be worried about civilian phones exploding and now might consider shooting anyone that tries to hand them a phone /s
does this apply to other countries
You have to suspect, I fear. At least, those exploiting tools are very expensive. So there is this little roadblock. On the other hand, a lot of this money goes to an Isreal based company…
What if the country did not support israel and does not recognize it
They maybe still buy NSO group software 🤷🏻
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.
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.
library will let you print a page for a dime
When my insurance carrier stopped mailing cards they added a request to send the updated cards, pain in the ass but pretty sure most insurers are doing that now to cut corners because they aren't legally required to send them.
No shit
I’m a cop and I can tell you that, at least in my country, you’d have no reason to not unlock your phone if you haven’t done anything.
I can understand that in some countries cops can be seen as criminals (and are behaving like criminals), but I don’t think a generality should be made. Just like a generality shouldn’t be made about people from an origin all doing the same bad thing.
Also don’t take advices from what you see on Lemmy as every user comes from a different country with different laws.
In my country, we can take your phone but we aren’t allowed to unlock it without your consent or without a prosecutor saying so.
How exactly is an individual supposed to determine which cops will be good and which will abuse their power?
Just as we can't make a general statement that all cops are definitely bad, you can't make a general statement that all cops in any particular country or town will be good.
From a basic risk management viewpoint, it doesn't make sense for anyone to accept the risk that any given cop won't abuse their position, even if we were willing to accept that very few would actually do so.
Cops have an extremely privileged status in society and the amount of damage that a bad one can do to an individual - on purpose or even by accident - is incalculable, including setting up an innocent person for capital punishment as we're seeing unfold in Missouri right now.
Well said!
I agree with you, you can’t know for sure that you’re with a good or bad cop.
But you also have to comply with laws if you don’t want to get in trouble.
I can only answer for my country and I can tell you that here you’re gonna waste way less time if you show what’s in your phone and we can see that you’re innocent.
The time not wasted there might also be used to catch the person who’s really guilty.
I’ll just give you an example even if it’s not reated to unlocking phones: A black BMW 335i is filmed hitting a pedestrian and the plate number finishes with a 5. We’re gonna need to have a look at every BMW within these parameters. If you prevent the police from checking your car by hiding it, a guilty guy might have more time to hide his car and a crime is gonna go unpunished, leaving a victim with no one to pay for his injuries.
Of course, that reality might be different elsewhere. It’s just that I have noticed that on Lemmy cops are only seen as bad guys when, in my case, I spend a lot of time helping people.
So you're advocating for fewer civil rights (or at least for people not to exercise their civil rights) because it saves you time and money? Spoken like a true pig.
If someone from your family gets abducted and the police can ask your neighbors to cooperate and give information without everyone just using a right to remain silent or lie, I’m sure you would be happy with the time gained to help you find your family member.
You may want to consider in your made-up scenario the reason behind an entire neighbourhood refusing to give any information.
If you have a problem, and you call the cops, now you have two problems.
Ill take 400 on "things that don't actually happen" Ghost of Alex!!
I’ll just give you an example even if it’s not reated to unlocking phones: A black BMW 335i is filmed hitting a pedestrian and the plate number finishes with a 5. We’re gonna need to have a look at every BMW within these parameters. If you prevent the police from checking your car by hiding it, a guilty guy might have more time to hide his car and a crime is gonna go unpunished, leaving a victim with no one to pay for his injuries.
And if my car was in an unrelated accident but just happened to fit those criteria, you could use that as evidence against me (and not only that, but then stop trying to solve the crime because you've assumed the perpetrator.) It ALWAYS goes both ways. If the only way you can solve a crime is by violating people's privacy without a warrant, maybe don't be a cop.
Cops are seen as bad guys because people like you argue for why rights shouldn't apply to people, and making you get a warrant (aka doing your job) is seen as interfering with a crime.
The worst part is, it is stupidly easy to get warrants here in the US, but the cops WILL make your life miserable if you make them get one.
Man, fuck that.
It's none of your business what's on our phones, period.
You want access? Go through due process.
The very fact that you led off with "you're fine if you have nothing to hide" makes you the problem, you personally, not anyone else around you, you.
Doesn't matter what country you're in at all. Doesn't even matter what the law says in this case, because crappy laws exist.
That kind of thinking is exactly why people don't trust cops.
I can understand that in some countries cops can be seen as criminals (and are behaving like criminals), but I don’t think a generality should be made. Just like a generality shouldn’t be made about people from an origin all doing the same bad thing.
ACAB, and you don't get to compare your chosen profession to where people were born or the colour of their skin, nor try to claim victim points by pretending you are systemically oppressed and discriminated against in the same way we are (though your trying to does go to strengthen my first point).
Fuck you, pig.
Would it be fair to summarize your point as "if you have nothing to hide you have nothing to fear"?
Cops are garbage
Says the guy insulting a stranger solely based on their profession
I’m a cop and I can tell you that, at least in my country, you’d have no reason to not unlock your phone if you haven’t done anything.
I can understand that in some countries cops can be seen as criminals (and are behaving like criminals), but I don’t think a generality should be made.
It sounds like you’re saying that you would assume that someone had done something illegal if they refused to unlock their phone for you. It’s a bit ironic that you then immediately say that people shouldn’t generalize about cops behaving as criminals.
I don’t let my friends go through my phone. Cop or not, why would I let a stranger?
Because your friend would just be doing it out of curiosity, not as part of an investigation.
I’m not saying that anyone not unlocking their phone has done something illegal, but just that some people who are refusing to give something willingly to the police is making them waste precious time which could be used to catch up with the bad guy.
Again I can only talk about my country and maybe in the US cops are awful, I don’t know. But I know that family of victims would love people to just cooperate with the police and not make them waste time..
Because your friend would just be doing it out of curiosity, not as part of an investigation.
It doesn’t matter why my friend wants to use my phone. If a friend wants to use my computer, I log out and sign into a guest account that doesn’t have access to my private documents. That’s not an option on my phone. It doesn’t matter if my friend has a legitimate reason to want to look at something on my phone. Maybe they want to see a picture I took last Friday - if they tell me that, I’ll just pull it up and share it with them.
If my phone has something on it that can help the police and the police tell me what they’re looking for, I can check my phone myself and share specifically that information with them.
If my phone doesn’t have that information, I can tell them that, too.
This is the exact same as with my friends. The difference is that the police are much more likely to be antagonistic and much less likely to tell me what they want.
If the police can’t articulate what they’re looking for or if they don’t trust me to tell me what it is, then I DEFINITELY don’t trust them to look at my phone themselves. And heck, that’s true of my friends, too.
If I hand a police officer my phone unlocked, what’s stopping them from hooking it up to GrayKey or Cellebrite or some other similar tool, and dumping all the data from my phone without my knowledge - whether for legitimate or nefarious purposes? What stops them from doing this “out of curiosity?” This isn’t generally a risk with my friends, but it’s always a risk when dealing with the police.
In the US, when there’s suspicion of police wrongdoing, the police investigate themselves (and either conclude that nobody did anything wrong or that only one person did something wrong but everyone else is fine). It’s so bad that it’s a meme (“We’ve investigated ourselves and found no evidence of any wrongdoing.”) But even if you don’t have the police investigating themselves in your country, it’s still the government doing that investigation. And nothing makes the government inherently trustworthy.
As a private citizen of your country who was legitimately concerned that the police are retaining more data than necessary, could I visit the police station and ask them to give me supervised admin access to their computers (as well as the personal computers of anyone who might have had access to my device or to the data extracted from it), as well as full access to the station itself in case there are any unaccounted for computers, so that I can confirm that the police aren’t overstepping? If not, why not? It’s not like the police have anything to hide, right? And the sooner that the police cooperate and that information is shared with me, the sooner I can rest easy knowing I and my fellow citizens have not been victimized by the police.
Hopefully you see how ridiculous it is for me to expect someone to just give me access to all of that information. That’s actually less ridiculous than a police officer asking me to hand them my unlocked phone.
As a private citizen, I have to trust that police and government officials are doing their jobs properly. If they don’t, I can have my privacy invaded or be framed for a crime, with no method for recourse. And without any real accountability. I have to trust a police officer if I hand him my phone, and I’m the only one risking anything. In the opposite scenario, if I overstep while they’re supervising me reviewing their systems, they can hold me accountable immediately.
Well thanks for your precise answer. It’s nice to have some civilized people being able to just discuss about a topic.
We can just agree to disagree before I leave the topic 😅
I cannot know with 100% certainty that someone hasn't planted false evidence on my phone, so I absolutely have reason turn my phone off before surrendering it (if I'm forced to surrender it).
If cops are certain I've committed a crime, why do they need to rely on methods outside the law (edit: I mean outside of legally compelling me via a warrant or similar) to get me? No, I'm never going to consent to any sort of search without a warrant. If you think I have something to hide, why are you afraid to get a warrant?
That’s the thing, often you don’t know if someone has committed a crime and looking into their phone can also prove that they’re not guilty.
I ain’t talking about any method outside of the law. Willingly cooperating isn’t illegal. Nothing forces you to be friendly with your neighbors, but being friendly with your neighbor isn’t illegal.
Sorry, by "outside of the law" I meant apart from legally compelling someone. The word choice made it sound like I meant illegal methods. I meant volunteering information. I don't think people should ever do it. I've edited that in for clarity.
It's my personal opinion that the police should not even be allowed to request voluntary searches, but that's a different topic and one I recognize as more extremist. It's just too easy for requests to sound like demands in a society with manners. Phrases like "Would you please do X?" are often used for both optional things and required things because "Do X" sounds rude to people.
In a recent study it was found that around 2/5 of phones held by police had signs of tampering, including when they are supposed to get a warrant. If you want to know more Google, "40% police study " and it will probably show up on the first page.
I don't know why your getting downvoted and have replies with ACAB...
Keep in mind I come at this from an American perspective.
I do have to disagree with the first paragraph. You do not need to access to or to search my phone to perform your job. If the phone becomes part of a criminal investigation then ideally a warrant would be put out by a judge and a Computer Forensics team would take it from there.
At least in the USA, the bad perception of cops is not just because of their apparent lack of accountability and ability to get away with murder, but also how expansive the scope of their duties are. So much authority intrusted in one person clearly seems to go to their heads more often than not here.
I understand in many European countries the scope of a cops duties is much more restricted. I know Britian doesn't even provide their law enforcement with firearms.
🐽🐽🐽🐽🐽🐽🐽🐽🐽🐽🐽
Fuck you
I'm going to preface this by saying the whole Americanised ACAB stuff is silly. Not everywhere has a shitty, militarised police force like theirs. Where I am, my experience with the police has been pretty positive, even with me being an immigrant with darker skin.
But man, no.
If police want your data, they can ask you politely, and if you say no, then that should be it. End of discussion. People have the right to privacy.
Maybe the officer wouldn't do anything nefarious. But then again, maybe they will. You have no way of knowing what type of person that officer is. Even good police forces have plenty of shitty employees, so police powers should be limited to avoid them just doing whatever they want.
If there's a genuine reason to have your data, say you're implicated in some criminal investigation, then they can go through the proper channels and get a warrant.
Police absolutely should not have the power to just do whatever they like. If you let them, have that, it leads to shitty police forces like they have in the US and elsewhere.
I totally agree with you and that’s what we have in my country.
At least someone on Lemmy is not jumping on the ACAB stuff train.
People are the first one to criticize us (sometimes with good reasons) but they are the first one to call us when they are in deep shit.
“It’s rude to not let me invade your privacy. If you have nothing to hide just let me see your phone!” Fuck off, pig
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?
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.
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.
But sir, this doesn't sound like protect and serve at all!
Courts have ruled that the police have absolutely no duty to protect and serve you. That shit is a slogan. The reality is that they exist to protect capital and serve capitalists. Cops are class traitors, punishing anybody who steals or threatens value of capital. Some cops do some good, but that isn't and never was the real intent.
I have seen a video of police playing basketball with the community, problem solved?
I'm 99% sure that you're kidding, but a shitload of people actually think like that. Decades of copaganda in TV and movies weren't for nothing, and now social media is full of it. The 80s was saturated with loose cannon cops who get results and it convinced people that sometimes it's okay to violate rights. Now it's cops doing tiktok dances or flipping water bottles to convince people that hey, they're regular people just like me, and well, golly gee, I'm not a fascist so how can I possibly believe that they're fascists?
Have one involuntary interaction with a cop and your view will change. The cops primarily target brown and/or poor people, so it's no wonder that the vast majority of thin blue line dipshits are financially comfortable honkies who've never had the cops target them.
Sidenote: I've always chuckled at the people who have both a thin blue line bumper sticker and Gadsden flag bumper stick/license plate. Basically a billboard that says "tread on those ones, officers" but they're always the same people claiming "I don't have a racist bone in my body!" Okay, but only because bones can't be racist; it's your brain that's racist.
i absolutely am. I'm also just jaded at this point and don't have the patience to put into words what you said. You've been hitting the nail on the head this whole thread.
Humans are top dog because of two things, sweat and communication.
We're nothing without communicating, and you're doing a killer job at communicating these issues. Keep being you, homie.
Thanks, much appreciated! I just hope that some of what I say gets through to at least one person and teaches them something or helps them in some way. It's all for nothing if I'm just telling people who already know all of this.
It's tough to hold onto hope regarding these things, but it's worth it.
I hate advice like this because you just say empty terms like "obey lawful commands" after saying to not do anything. The question is how do we do this practically. Cops can lie. They can just say whatever is a lawful command. This is why this sort of advice needs to be more specific.
A good example, presenting your driver's license for traffic stops. That's usually a law, is it not? But you say to not consent to searches or seizures. The whole reason people ask for specific practical advice is because they don't wanna get fucked over by the cops but also don't wanna get fucked over for unintentionally pulling sovereign citizen like bullshit.
If you are operating a motor vehicle, you are required to hold a license to operate that vehicle. Ergo, if you are operating the vehicle, the police can ask for proof of your licensure to operate that vehicle, and you are reauired to produce it. That is not covered under search and seizure.
Then people giving this sort of practical advice should explicitly say that lest someone get arrested for failure to present a license or whatever.
The litmus test for whether something is a lawful order is to ask what will happen if you refuse. If the penalty for refusal is your arrest, say that you would prefer not to but will comply under threat of arrest. If it actually wasn't a lawful order but you complied to avoid arrest, you'll learn from a lawyer and get to sue over that.
As somebody else noted, driving is a privilege, not a right; if you're pulled over for a traffic offense, you're obligated to hand over your license and other related documents as requested depending on the state, probably registration and proof of insurance. If you don't, then in many states it's assumed that you were driving without being licensed to do so, and you're probably going to jail.
On the flip side, if the cop asks to search your vehicle, you can tell him no. Don't stop him from doing it anyway, just reiterate that you don't consent to it and fight in court. There are some situations (like you're under arrest and your car is being inventoried and impounded) in which they don't need your consent to get in your car. Probable cause also gets them access to your car without your consent.
If you're asked to do a field sobriety test, just refuse. Same for a breathalyzer. They'll probably take you in and have you use a lab machine at the station, but that's preferable to their bullshit games if you know you're not doing anything wrong. Make quantitative science be the only evidence. Don't drink and drive in the first place and you'll be fine on that front.
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.
Not something I expected to look up today Context
what is wrong with this world, wow.
There's nowhere in the US that is true without reasonable, articulable suspicion (Terry v Ohio)
You really don't need to do that unless you've already started answering questions, but it is good practice.
Keep in mind that the cops don't have to provide you with their reasonable suspicion in order to demand ID. It's not until court that they have to provide their reasonable suspicion. So they have plenty of time to come up with justification after the fact.
Also, on the Fifth Amendment I thought I had read somewhere about a case where a man simply remained silent and never once invoked his right and it didn't end well for him. I cannot remember the details, but for some reason I thought that you still had to invoke the fifth even if you have not yet answered any questions. I'll have to look back into this later and post back if I find the story.
Sure, if they have any.
Yeah the footnote from that case was that he started answering questions and then clammed up later. For some reason that doesn't work.
FYI thats illegal (US vs. Rodriguez)
Detained*
They can't detain you in the US for the purpose of conducting an investigation
...what? That's the only reason they detain you...
They can in a few states. Delaware, for instance, where the law provides them two hours even without having to clear the bar of reasonable suspicion. This is of couse blatantly unconstitutional, but it's still a state law.
Thank you!
try to be as white as possible.
They definitely slam white people's heads into the ground for telling them no, too.
but black people are free practice targets to them
Not always.
If you're not white, it is ALWAYS.
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!
"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"
input the wrong password like 5 times to lock up the phone then say its muscle memory and you don't remember the password numbers
iPhone tip to require password to open:
or
(Edit: ahh, this tip’s been given several times now, only new info is that either volume down or volume up or both will work)
This is how you go to prison.
you can lie to cops but not feds
I gotchu: https://m.youtube.com/watch?v=uqo5RYOp4nQ
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!
Mobile youtube links, gross
Sounds like someone could use some more shut the fuck up Friday in their life 😘
It depends a lot on your location on the planet.
And skin color
My wife, a person who passes for pale white, refused to allow a police officer to investigate her car after a speeding ticket. I wasn't here. Her car apparently "matched a description " but they had nothing. She told me they spend another 15 minutes having her sit on the shoulder, then let her off.
I drove with my family through the south. Had two kids in the car. I'm also brown. No reason to be pulled over, but I did have plates from Ohio since it was a rental. Shitty cop said there's a lot of folks "in his parts" that smuggle drugs using rentals and kods and demanded I open the trunk. I kept saying I'm trying to visit my family, I got kids in the car. 20 minutes with a crying kid, In frustration, I relented, showed him the empty trunk.
Depends on local laws, but if the cops ability to seize your property without warrant isn't protected by local laws:
Ask if they have a warrant and if they don't then take your phone oout and power it down, then put it back in your pocket and tell them they can direct complaints to your lawyer because you're not handing over any devices.
If they seize it without a warrant then you can sue the department, although if they have reasonable suspicion then you won't have much luck.
In the states, they'll just accuse the phone of committing a crime and take it anyways
In 2015 they took a black man's car and he took them for 1.25 Million.
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.
Disable biometrics
Android: look up “lockdown mode”
iOS: hold volume down + power, or press power 5 times fast.
Better: restart the phone. This puts it into the safest state it has, as it has not yet been initially unlocked and will require a non-bio auth. Stronger security, may/should hold if they attempt to attack/hack/compromise it, if it comes to that. Takes like 3 seconds. Do it, not the equal-time-worse-security version of just disabling bio.
Additionally, running GrapheneOS you can set up a duress pin to wipe the phone profiles if things were to escalate.
Being smart, set up the main profile a bit to look real, but have no actual information. That way it's not obvious tha its been wiped.
Being cheeky, set the duress pin to be something simple like your birthday. So if you are detained/arrested and they try to get into your phone they are the ones to wipe it for you.
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.
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.
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.
Five times wanted to set off an emergency service call and sound the alarm 🚨 YMMV (Pixel 7)
Additionally, with the Pixel 9 holding down the power button no longer turns it off, you have to press power and volume up at the same time to get to the power menu.
That can be changed in the settings
I had no idea... thank you! It's always a crapshoot if I take a screenshot or get into the power settings. So bizarre.
power and volume down does screenshots
Power and Volume DOWN would make infinitely more sense for “power DOWN” function.
not particularly
There's usually a hardware level power off function for when the device freezes and stuff. Can usually hold the power button for ~10 seconds will power off the device without needing to look at the screen
Holding the power button for 1 second also opens the menu.
I use KeyMapper to map "long press of the lock button while screen is locked" to the lockdown/secure lock action
My country has made it illegal to not give your keys.
What county is this, so I know to avoid it?
UK
Edit, source: https://www.saunders.co.uk/news/prosecuted-for-your-password/
Can’t I just say I forgot my pin? They can’t prove I don’t have a shit memory.
That only works if you're rich
Classic quality Land
Good luck https://www.bbc.com/news/uk-25745989
You can use that argument but it will depend on if they believe you.
How can they prove guilt? Innocent until proven guilty under English common law, right?
It's not about guilt. It's about whether or not you know the password. In most cases not knowing the password will be deemed improbable because the chances are extremely low. You'll have to provide a scenario where it becomes probable, and said scenario must be deemed probable as well.
https://en.wikipedia.org/wiki/Regulation_of_Investigatory_Powers_Act_2000
lol
Nah, can't be, they said it was a European one and the UK voted to no longer be part of Europe. /s
Incidentally, the European court for human rights said that that law violated the ECHR convention.
The UK said "yeah, so what?", which since they've left the EC it's legally right, but it's not a great outlook when you're told your laws violate human rights.
A lot countries have this now.
Even for a number of countries where it's not technically enshrined in law, police can still effectively do it anyway, by detaining you for as long as they like until you comply.
The solution is to simply shit yourself, without breaking eye contact, while under their custody to assert dominance.
Some European one.
Sounds like it's time for the deniably encrypted phone.
Also on Android press the power button and volume up button simultaneously, and then press lockdown.
Mark my words.
For many of us, this is a "No shit Sherlock" moment.
But in 10 years, we will have young people going "Uh what really?"
Remember when we used to say, "Don't put your name on the internet?" And now it's everywhere?
That was like the biggest thing i learned in computer class, that i already knew in 2002 or so. Later myspace became a thing, and everyone had a myspace name. Then facebook and some people used their real name. Then facebook asked you for your phone number, and i thought: well, that's silly, who in their right mind would do that. Turns out the answer is everyone.
They even give them all phone numbers from all of their contacts linked to real name (even those who don’t have whatsapp)
What a database…
They exactly know who knows who and how connected people are. Nearly everywhere in Europe. Don’t know about US, I think there is more iMessage?
Yeah I remember the early days of the internet when no one used their real name and we had relationships with dozens of people who we had no idea where they lived and what their real names were.
It seems quaint, but I kinda liked it like that.
Its still like that on discord. Have no idea what one of my closest friends name is, but he really loves opossums and Minecraft!
Mine isn't, go ahead and look it up. You won't find my name anywhere in the internet.
Here it is encrypted so only you can read it: >!John Jacob Jingleheimer Schmidt!<
Hey what the heck? How did you get my Lemmy password?
All I see is *******
Hunter2
This meme is 20 years old now, I bet there are kids repeating it who weren't alive when it was first made and don't even know where it comes from.
Well, bash.org is gone, so...
Woah that's my name too
Hey! That's my name too!
I don't see what the difference would be in 10 years.
I don't think 90% of people, especially "young people" would avoid doing this already. It's already a major awareness/compliance issue, and not at all a "no shit sherlock" moment.
But what did you have in mind that will be different in 10 years? Paricularly for young people.
I bet I dossed my pseudonym like not even a day after creating 🤣
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.
Oh sorry instead we’re going to get fascism
The whole Western world is at this point, it's so depressing. Even when the left seems to win democratically people like Macron nakedly abuse their authority and choose to caucus with the fascists over the social democrats.
This is what happens if you stop developing your democracy and chill on the work people from the past have started to develop
Happens all the time, if you look into history
At some point, someone is going to figure out George Orwell was actually a time traveler, and he tried to fix things with books. He had to deliver the message that way because if he just shouted in the streets the things that were going to happen, he'd been written off as a madman. Change a few details here and there... and then sell it as "fiction"...
Frankly, George Orwell is part of the problem. Aside from a brief stint during the Spanish Civil War where he supported the CNT-FAI, he spent the overwhelming majority of his life supporting the British Empire and relentlessly hating Communists (and other socialists and members of minority groups) of all stripes, to the point where even the British government told him to chill the fuck out because they were allied with the Soviets. His books aren't immensely popular in extremely right wing countries because they have a left wing critique of government overreach, they're popular because they are anti-government in exactly the same vague and malleable way that all populist right wingers are.
I have been to a few spots over there and it is crazy how different culturally it is. Nothing is away from politics and cops get called fot eeeeverything.
Where do you live?
European Union FTW, Germany specifically where the CCC is a massive counter measure to uneducated politics.
Yes. We must know where they live so we can shit on their country to make ourselves feel better.
'Merica!
IDK I just had a overwhelming sense they were in the UK, which is like... way worse.
You are 66 times more likely to be killed by a police officer if you are in the US compared to in the UK.
https://en.wikipedia.org/wiki/List_of_countries_with_annual_rates_and_counts_for_killings_by_law_enforcement_officers
Oh we're talking about police killings suddenly? I thought we were talking about civil rights?
The comment was talking about things being Orwellian. Is it not Orwellian to have police killing many, many civilians?
There's other things.
For example, the UK is the most surveiled populace over any whole country. Which is neat.
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.
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.
It's also much more secure to reboot (and not unlock) it, should it be taken from you and potentially tried to be broken into or compromised in some way, usually to extract data and perform forensics. A phone that has been unlocked is weaker with protection than one which has been restarted and awaiting first unlock.
(On Android five clicks on the lock screen makes an emergency call)
But… “Apple bad!”
Yes, Apple is bad. They are a tax-dodging multi-trillion-dollar company. They are not good. They are not your friend.
Android phones have this feature as well btw lol
Google IS your friend?
Where did I say that?
You seem to be looking at this like a console fanboy. Me criticising Apple does not mean I'm a fan of Google.
Just stop
no
If you reboot your phone, the first unlock can't use biometrics
You can also set it up so biometrics can be used by apps but not to unlock the phone. That way it's easy to get to your apps and such but trivially more difficult to unlock.
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."
Serious question, what gets you into these situations that you need to safeguard your belongings so hard? I'm asking to understand not to make a shit post thread.
Edit: 13 hours later...not a single one of you?
All this makes it sound like police are giving you a bunch of time to respond and addressing you politely.
I mean, I agree on the principle. Don't just hand your phone over to... anyone, really. But the game becomes very different when a guy with a gun is hassling you over it.
This is why I set up tasker to lockdown my phone under certain conditions, such as: getting disconnected from Bluetooth (like when my phone is separated from me and my watch, my headphones, or the car), getting disconnected from WiFi (like when it's taken from where it's supposed to be), getting a slight jolt from the accelerometer (like getting thrown to the ground or even just a swift tap). My phone may get locked down a bunch during day to day stuff, but at least I know it will lockdown automatically when it matters.
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.
*counsel you. I'm picturing a police officer comforting a suspect who's sobbing with a hand on their shoulder haha.
Not counsel, compel actually. But either way, definitely not console! Ha
What's a lemon party? I should Google it.
Election season is right around the corner, join us! Lemonparty.org
Did I just get Fight Clubed with a millisecond of a chaturbate gay ad.
Better yet: don't use biometrics. My phone has face recognition for unlocking, but I better stick to a PIN/PASSWORD.
Or better yet just don't use a phone at all! Can't make you unlock what you don't have!
If you have an iPhone, holding down either volume button and the side button will bring out the Medical ID, slide to power off, Emergency SOS screen. This will also disable FaceID. Password will be required to access the phone now.
Just hold Side button and one of the volume buttons to deactivate biometrics
Double check this in the state or country you're in. I recall something from a few years ago where the police could force you to give a swipe pattern and maybe pin since these items are not covered in the same way that a password is.
Maybe in some countries but in a western one they aren't getting a pattern or passcode unless you verbally give it to them. We do know though that there is some level of capability to crack phones though.
Indent to find an article to back up what I remember and in 2020, a woman was held in contempt of court and jailed for refusing to provide a passcode. The case was later overturned.
But they didn't get the code. That's the quest they can do, hold you in contempt of court. Which in the US is illegal under the 5th amendment.
How can you be forced to input a pattern/PIN?
My phone has a "Lockdown" option in the power menu. It usually makes it require the pin and fingerprint won't be available until unlocked again.
You can destroy it completely, no way they get to the key to encrypt your files like this ☝🏻🤓
How is a pin not a passcode?
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.
But aPpLe CaRe AbOuT pRiVaCy
Is article mixing things or am I missing something?
You don't need to hand over your phone to present a digital ID. At least in my country the digital ID just creates a qr that the cop can scan to verify. There is no reason to hand over anything on the whole process.
Brazil? I do miss being able to leave home bringing only my phone because my ID and cards are all there
I'm also from Brazil. I chose to refuse any digital IDs: for example, my CNH (for non-brazilians: it's our driver's license) is physical and I used a dumbphone (Multilaser Zapp) to justify to the bureau that I can't have apps for digital IDs (I kinda could within my other device, a smartphone, but I lied having only Multilaser as device). They can't force people to have digital IDs, yet. Not everyone has a smartphone, it's common in Brazil for a house/family/community to have multiple people using one single smartphone, digital IDs won't be usable for this situation. It's not my situation, I avoid to take my smartphone outside of home due to security concerns, so I take a dumbphone instead.
Digital IDs have multiple problems. What if the smartphone breaks? What if the smartphone has no battery when one needs to show one's IDs? These were the factors that motivated me to refuse any digital IDs.
Does your phone need to be unlocked to show that qr code?
Of course. But if a police officer were to remove your phone by force, first it would be illegal without a warrant so it would almost made you a favour as all evidence in your phone would be invalid in court.
Then if they just want to remove by force, with or without warrant, they can just take it from your pocket. Even locked if they want the info in your phone they are probably getting it. They would have access to some of the best forensics teams and equipment.
Following the same logic, should we never have an unlocked phone near a police officer? I don't know about that.
And if you are just that paranoid I would probably be easy to just have a second profile on your phone just for the ID. And you are the same as if having the phone locked as password is needed for changing profiles.
I think some of the concern is when cops will use force illegally and then lie about it, so they wouldn't necessarily have access to forensics.
Like taking your phone and go through your WhatsApp messages?
If that's a concern you could set up a password to access any sensible app or chat within that app.
I think that is a more sensible approach. As if you are targeted by any reason an undercover cop could get a hold on your unlocked phone by many different ways.
Seems like a good use for android app pinning, I think that locks the phone to that app until unlocked
Even if what they find on your phone isn't valid in court, it can still lead them to other things that are valid. For instance, a picture taken at a specific place with a timestamp. That picture may not be admissible, but if they find CCTV footage of you at that time and place, you're screwed.
Cops can and will overreach their powers, and they'll probably get away with it.
Sure, but it's a lot harder for them if your phone is encrypted and shut off before you encounter them.
You really shouldn't. Cops are never on your side.
I mean never is a strong word here. People are saved by cops every day. At least in my country. Just looking today news: women was arrested after being violent towards doctors in La Palma. Pretty sure doctors though cops were on their side.
You have to be sure to defend your citizen rights and prosecuted rights (if it even become to that). But that does not conflict to call the cops if you need to and if you are being victim of a crime they'll most likely help you. Once again, that's how it is where I live.
I will admit I'm making some strong, harsh statements. But I think that's a pretty natural result of living in the U.S., a country who's cops operate closer to a gang than Rescue Heroes. They kill minorities with virtual immunity. They racially profile people. The list goes on.
Somebody who intentionally joins a group like that does not have good intentions, or is ok with their buddies not having good intentions, or gets kicked out quickly for tattling on their fellow cops. So yeah, cops are never on your side, at least not here.
In the US, cops are legally allowed to just ignore you.
There was a case in Colorado I believe where an estranged husband kidnapped his kids from their mom. The mom went to the police but they kept brushing her off. After while the dad showed up to the station with a gun, promptly got killed, and then the kids were discovered dead in his car.
It went to the courts, and courts came back with "yeah they don't HAVE to help you." Of course this is overly simplified, but there's case law in at least part of the country now that allows cops to ignore anyone at their discretion because they're on dinner break or just not feeling it.
Also in the US, cops can tear your car up on a minor traffic stop because they "smelled" something. If they search your vehicle for whatever reason, they can decide they want to throw all you stuff out on the road, cut open your upholstery, take door panels off, etc. And if they don't find anything? "Have a good day sir, get your shit off the road it's a public safety hazard." Then drive off leaving you to pick up their mess. And yes it has happened, and no not just once.
There was a case in New York where a guy was going around stabbing people. Cops posted up looking for him of course. Guy on the subway got stabbed nearly to death, a bystander tried to help the victim and took the criminal off-guard. Cops came in from the operators cab and subdued the criminal. They were watching the whole thing from the operators window and didn't help the victim until they saw an opening created by the bystander. Literally watching a guy on his way to getting stabbed to death and only decided to intervene when they felt like it.
Also the Uvalde school shooting. Just hanging out in hallways while kids get shot, waiting for the danger to clear.
Also George Floyd but at least some amount of justice has been served there. But I'm highly skeptical it would have came to that if the case wasn't as well-known as it was. Shit happens all the time. They have a term they love to bust out for minorities who are acting out of line. "Excited Delirium": look it up.
I could go on, but I think you get the idea. They "can" help, but totally not a requirement.
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
So the answer is to not visit the US then.
Don't you want to see our amazing 200 years as a nation and 500 years of massacre sites??!!?
No, but your weird obsession with ridiculously unhealthy food is somewhat interesting.
The obesity rate in Australia (and New Zealand) isn't very far behind the USA...
Agreed.
And the causes are probably broadly similar; lack of education about how to cook, lack of time to cook, lack of education on healthy food, too much food advertising, ultra-processed foods are too common, healthy foods are expensive....
it's a policy that has never let me down
For iOS. You can just hold down the lock and volume up button and it will require your passcode. 5x lock works too but I feel the former is easier.
You can show your wallet with your phone locked. Settings > Face ID & Passcode > Allow access when locked > Wallet
For Android:
Now when you hold your power button, you get a "lockdown" option that disables biometrics and forces you to enter your passcode for the next unlock.
Particularly useful for me, as I have my phone set up to always be unlocked if my watch is close enough (maybe stupid of me), but I can force lock it at any time.
On some phones you won't get anything when searching for "lockdown" but you most likely have it, it's typically under Display > Lock screen > Shown lockdown option.
I appreciate you.
Also relevant:
Yo! Where was this when my nephew was small and wanted to play Angry Birds on my phone lol
Or you could just hit restart on the phone and at least on android it asks for the code first before enabling finger print or face ID.
That's pretty much how it works on iOS too as far as I can tell. Nothing boots up until you enter your pin
On iOS 18 there is a power button in the top right of control center (you have to hold it)
They only need to be 500 miles near you, if they pay for the good juicy 2G exploits 😉
A lot of countries have disabled their 2G networks (and 3G in some cases). I think 4G and 5G have a more secure signaling protocol than SS7?
Australia is currently in the process of phasing out 3g, which is annoying cause a 3g hotspot is the only way I can consistently get my 2ds connected to the internet
Hu? Hotspot is wifi, so what Generation of mobile Network is used should not impact that. The problem with DS would only be wpa2 not supported, but that does not matter, if you do not set a password.
It it isn't 3g, it just won't show up regardless of password and I have no idea why
Home WiFi is very inconsistent on it as well, existing and connecting but not giving internet (but somehow passes the initial check)
Maybe your phone only uses 5GHz wifi if internet speed is good enough that it is worth it. There is usually a switch that is called something like maximum compatibility where it turns WiFi down to 2.4GHz
This on iPhone: https://timesofindia.indiatimes.com/gadgets-news/explained-maximum-compatibility-option-within-personal-hotspot-on-iphone/articleshow/95916069.cms
How do test if it has internet? Nintendo has shut down eShop and online play, so those features are expected not to work. (If you don’t know someone running a reverse engineered servers like pretendo, and set DNS of 3ds accordingly)
I have two 3ds in my wpa2 network (should have written wpa3 in comment prior, got confused, only OG DS does not support wpa2) and they connect to the internet very well (with only 500k down 😂 but it is enough to download games (😜from the source where there are still some available) over night)
The internet status in the top left when on the home screen, it is blue for about half a min then turns grey which signifies losing connection
I have no idea why this happens tho, so for now I'll stick to 3g hotspot til it gets removed
Well, it does not matter if the country has no 2G. The thing is, that your phone is 2G compatible. They tell the phone something like “ehh, at this spot we have only 2G roaming” and phone is like “sure, let’s downgrade to 2G”
Profit.
Ohhh I didn't consider that. Good point!
*especially if you've got nothing to hide.
Duh.
Seems like the cops should now be worried about civilian phones exploding and now might consider shooting anyone that tries to hand them a phone /s
does this apply to other countries
You have to suspect, I fear. At least, those exploiting tools are very expensive. So there is this little roadblock. On the other hand, a lot of this money goes to an Isreal based company…
What if the country did not support israel and does not recognize it
They maybe still buy NSO group software 🤷🏻
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.
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.
library will let you print a page for a dime
When my insurance carrier stopped mailing cards they added a request to send the updated cards, pain in the ass but pretty sure most insurers are doing that now to cut corners because they aren't legally required to send them.
No shit
I’m a cop and I can tell you that, at least in my country, you’d have no reason to not unlock your phone if you haven’t done anything.
I can understand that in some countries cops can be seen as criminals (and are behaving like criminals), but I don’t think a generality should be made. Just like a generality shouldn’t be made about people from an origin all doing the same bad thing.
Also don’t take advices from what you see on Lemmy as every user comes from a different country with different laws.
In my country, we can take your phone but we aren’t allowed to unlock it without your consent or without a prosecutor saying so.
How exactly is an individual supposed to determine which cops will be good and which will abuse their power?
Just as we can't make a general statement that all cops are definitely bad, you can't make a general statement that all cops in any particular country or town will be good.
From a basic risk management viewpoint, it doesn't make sense for anyone to accept the risk that any given cop won't abuse their position, even if we were willing to accept that very few would actually do so.
Cops have an extremely privileged status in society and the amount of damage that a bad one can do to an individual - on purpose or even by accident - is incalculable, including setting up an innocent person for capital punishment as we're seeing unfold in Missouri right now.
Well said!
I agree with you, you can’t know for sure that you’re with a good or bad cop.
But you also have to comply with laws if you don’t want to get in trouble.
I can only answer for my country and I can tell you that here you’re gonna waste way less time if you show what’s in your phone and we can see that you’re innocent.
The time not wasted there might also be used to catch the person who’s really guilty.
I’ll just give you an example even if it’s not reated to unlocking phones: A black BMW 335i is filmed hitting a pedestrian and the plate number finishes with a 5. We’re gonna need to have a look at every BMW within these parameters. If you prevent the police from checking your car by hiding it, a guilty guy might have more time to hide his car and a crime is gonna go unpunished, leaving a victim with no one to pay for his injuries.
Of course, that reality might be different elsewhere. It’s just that I have noticed that on Lemmy cops are only seen as bad guys when, in my case, I spend a lot of time helping people.
So you're advocating for fewer civil rights (or at least for people not to exercise their civil rights) because it saves you time and money? Spoken like a true pig.
If someone from your family gets abducted and the police can ask your neighbors to cooperate and give information without everyone just using a right to remain silent or lie, I’m sure you would be happy with the time gained to help you find your family member.
You may want to consider in your made-up scenario the reason behind an entire neighbourhood refusing to give any information.
If you have a problem, and you call the cops, now you have two problems.
Ill take 400 on "things that don't actually happen" Ghost of Alex!!
https://worldpopulationreview.com/country-rankings/kidnappings-per-country
And if my car was in an unrelated accident but just happened to fit those criteria, you could use that as evidence against me (and not only that, but then stop trying to solve the crime because you've assumed the perpetrator.) It ALWAYS goes both ways. If the only way you can solve a crime is by violating people's privacy without a warrant, maybe don't be a cop.
Cops are seen as bad guys because people like you argue for why rights shouldn't apply to people, and making you get a warrant (aka doing your job) is seen as interfering with a crime.
The worst part is, it is stupidly easy to get warrants here in the US, but the cops WILL make your life miserable if you make them get one.
Man, fuck that.
It's none of your business what's on our phones, period.
You want access? Go through due process.
The very fact that you led off with "you're fine if you have nothing to hide" makes you the problem, you personally, not anyone else around you, you.
Doesn't matter what country you're in at all. Doesn't even matter what the law says in this case, because crappy laws exist.
That kind of thinking is exactly why people don't trust cops.
ACAB, and you don't get to compare your chosen profession to where people were born or the colour of their skin, nor try to claim victim points by pretending you are systemically oppressed and discriminated against in the same way we are (though your trying to does go to strengthen my first point).
Fuck you, pig.
Would it be fair to summarize your point as "if you have nothing to hide you have nothing to fear"?
Cops are garbage
Says the guy insulting a stranger solely based on their profession
Yes because their profession is garbage.
ACAB piggly wiggly
Don't besmirch the good name of Piggly Wiggly. https://www.pigglywigglystores.com/
It sounds like you’re saying that you would assume that someone had done something illegal if they refused to unlock their phone for you. It’s a bit ironic that you then immediately say that people shouldn’t generalize about cops behaving as criminals.
I don’t let my friends go through my phone. Cop or not, why would I let a stranger?
Because your friend would just be doing it out of curiosity, not as part of an investigation.
I’m not saying that anyone not unlocking their phone has done something illegal, but just that some people who are refusing to give something willingly to the police is making them waste precious time which could be used to catch up with the bad guy.
Again I can only talk about my country and maybe in the US cops are awful, I don’t know. But I know that family of victims would love people to just cooperate with the police and not make them waste time..
It doesn’t matter why my friend wants to use my phone. If a friend wants to use my computer, I log out and sign into a guest account that doesn’t have access to my private documents. That’s not an option on my phone. It doesn’t matter if my friend has a legitimate reason to want to look at something on my phone. Maybe they want to see a picture I took last Friday - if they tell me that, I’ll just pull it up and share it with them.
If my phone has something on it that can help the police and the police tell me what they’re looking for, I can check my phone myself and share specifically that information with them.
If my phone doesn’t have that information, I can tell them that, too.
This is the exact same as with my friends. The difference is that the police are much more likely to be antagonistic and much less likely to tell me what they want.
If the police can’t articulate what they’re looking for or if they don’t trust me to tell me what it is, then I DEFINITELY don’t trust them to look at my phone themselves. And heck, that’s true of my friends, too.
If I hand a police officer my phone unlocked, what’s stopping them from hooking it up to GrayKey or Cellebrite or some other similar tool, and dumping all the data from my phone without my knowledge - whether for legitimate or nefarious purposes? What stops them from doing this “out of curiosity?” This isn’t generally a risk with my friends, but it’s always a risk when dealing with the police.
In the US, when there’s suspicion of police wrongdoing, the police investigate themselves (and either conclude that nobody did anything wrong or that only one person did something wrong but everyone else is fine). It’s so bad that it’s a meme (“We’ve investigated ourselves and found no evidence of any wrongdoing.”) But even if you don’t have the police investigating themselves in your country, it’s still the government doing that investigation. And nothing makes the government inherently trustworthy.
As a private citizen of your country who was legitimately concerned that the police are retaining more data than necessary, could I visit the police station and ask them to give me supervised admin access to their computers (as well as the personal computers of anyone who might have had access to my device or to the data extracted from it), as well as full access to the station itself in case there are any unaccounted for computers, so that I can confirm that the police aren’t overstepping? If not, why not? It’s not like the police have anything to hide, right? And the sooner that the police cooperate and that information is shared with me, the sooner I can rest easy knowing I and my fellow citizens have not been victimized by the police.
Hopefully you see how ridiculous it is for me to expect someone to just give me access to all of that information. That’s actually less ridiculous than a police officer asking me to hand them my unlocked phone.
As a private citizen, I have to trust that police and government officials are doing their jobs properly. If they don’t, I can have my privacy invaded or be framed for a crime, with no method for recourse. And without any real accountability. I have to trust a police officer if I hand him my phone, and I’m the only one risking anything. In the opposite scenario, if I overstep while they’re supervising me reviewing their systems, they can hold me accountable immediately.
Well thanks for your precise answer. It’s nice to have some civilized people being able to just discuss about a topic.
We can just agree to disagree before I leave the topic 😅
I cannot know with 100% certainty that someone hasn't planted false evidence on my phone, so I absolutely have reason turn my phone off before surrendering it (if I'm forced to surrender it).
If cops are certain I've committed a crime, why do they need to rely on methods outside the law (edit: I mean outside of legally compelling me via a warrant or similar) to get me? No, I'm never going to consent to any sort of search without a warrant. If you think I have something to hide, why are you afraid to get a warrant?
That’s the thing, often you don’t know if someone has committed a crime and looking into their phone can also prove that they’re not guilty.
I ain’t talking about any method outside of the law. Willingly cooperating isn’t illegal. Nothing forces you to be friendly with your neighbors, but being friendly with your neighbor isn’t illegal.
Sorry, by "outside of the law" I meant apart from legally compelling someone. The word choice made it sound like I meant illegal methods. I meant volunteering information. I don't think people should ever do it. I've edited that in for clarity.
It's my personal opinion that the police should not even be allowed to request voluntary searches, but that's a different topic and one I recognize as more extremist. It's just too easy for requests to sound like demands in a society with manners. Phrases like "Would you please do X?" are often used for both optional things and required things because "Do X" sounds rude to people.
In a recent study it was found that around 2/5 of phones held by police had signs of tampering, including when they are supposed to get a warrant. If you want to know more Google, "40% police study " and it will probably show up on the first page.
I don't know why your getting downvoted and have replies with ACAB...
Keep in mind I come at this from an American perspective.
I do have to disagree with the first paragraph. You do not need to access to or to search my phone to perform your job. If the phone becomes part of a criminal investigation then ideally a warrant would be put out by a judge and a Computer Forensics team would take it from there.
At least in the USA, the bad perception of cops is not just because of their apparent lack of accountability and ability to get away with murder, but also how expansive the scope of their duties are. So much authority intrusted in one person clearly seems to go to their heads more often than not here.
I understand in many European countries the scope of a cops duties is much more restricted. I know Britian doesn't even provide their law enforcement with firearms.
🐽🐽🐽🐽🐽🐽🐽🐽🐽🐽🐽
Fuck you
I'm going to preface this by saying the whole Americanised ACAB stuff is silly. Not everywhere has a shitty, militarised police force like theirs. Where I am, my experience with the police has been pretty positive, even with me being an immigrant with darker skin.
But man, no.
If police want your data, they can ask you politely, and if you say no, then that should be it. End of discussion. People have the right to privacy.
Maybe the officer wouldn't do anything nefarious. But then again, maybe they will. You have no way of knowing what type of person that officer is. Even good police forces have plenty of shitty employees, so police powers should be limited to avoid them just doing whatever they want.
If there's a genuine reason to have your data, say you're implicated in some criminal investigation, then they can go through the proper channels and get a warrant.
Police absolutely should not have the power to just do whatever they like. If you let them, have that, it leads to shitty police forces like they have in the US and elsewhere.
I totally agree with you and that’s what we have in my country.
At least someone on Lemmy is not jumping on the ACAB stuff train.
People are the first one to criticize us (sometimes with good reasons) but they are the first one to call us when they are in deep shit.
“It’s rude to not let me invade your privacy. If you have nothing to hide just let me see your phone!” Fuck off, pig