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

submitted 3 months ago by Amicitas@lemmy.world to c/technology@lemmy.world

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[–] rtxn@lemmy.world 63 points 3 months ago* (last edited 3 months ago) (2 children)

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

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

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

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

[–] TheFool@infosec.pub 22 points 3 months ago (1 children)

Not something I expected to look up today Context

[–] NotMyOldRedditName@lemmy.world 12 points 3 months ago

what is wrong with this world, wow.

[–] helenslunch@feddit.nl 7 points 3 months ago (1 children)

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.

[–] fadedmaster@sh.itjust.works 6 points 3 months ago (1 children)

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.

[–] helenslunch@feddit.nl 2 points 3 months ago

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.