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."
this post was submitted on 25 Sep 2024
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I’m sorry if this is a stupid question, but what is the best way to refuse to do this?
Say you’re in xyz situation and a cop demands your phone. You say no. They get angry, maybe make some threats (whether true or not), etc.
What is the best way to say no, you aren’t comfortable, come back with a warrant, without pissing them off royally in such a way that things end up worse for you?
in such a way that things end up worse for you?
IANAL. This is what they want you to think, "just do this and it'll be better for you". It might be a short term hassle waiting for the drug dog, being arrested while they conduct their investigation, but long term it's the court that matters. And the court will throw out anything obtained illegally or the cops do illegally.
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.
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?
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what is the best way to refuse to do this?
try to be as white as possible.
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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
Where do you live?
Yes. We must know where they live so we can shit on their country to make ourselves feel better.
'Merica!
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European Union FTW, Germany specifically where the CCC is a massive counter measure to uneducated politics.
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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?
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.
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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!<
Woah that's my name too
Hey what the heck? How did you get my Lemmy password?
Hey! That's my name too!
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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.
it's a policy that has never let me down
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.
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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.
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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.
Duh.
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.
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