flex your rights - faq

[PepperElf]

http://www.flexyourrights.org/faq

Just happened to find this while surfing. It has some interesting info on your rights while dealing with police, including myths from TV and what can really happen.


A couple of things that stood out for me:


"How long can I be detained without being formally arrested?"
Any time police detain you, it's a good idea to ask if you're free to go.

I see that on some of my other forums, where people make a point of asking "Am I free to go?" to the police.



Also, under several topics the site recommends the following phrases:
"Officer, I don't consent to any searches" and "I have nothing to say. I want to see a lawyer."


Note: I haven't watched the video examples. I don't have flash installed into my Safari and I'm too lazy to go to chrome to watch them.

[Greenday]

I didn't bother with the videos but most of that stuff I knew. I was unaware police weren't even allowed to use drug sniffing dogs on your car without your permission.

[Andara Bledin]

There's a lot of stuff that most people have absolutely no idea regarding their own rights.

BTW: if it didn't mention (the page took too long to load so I gave up), have your phone 'locked' when not in use.

^-.-^

[Hyena Dandy]

There's a lot of stuff that most people have absolutely no idea regarding their own rights.

BTW: if it didn't mention (the page took too long to load so I gave up), have your phone 'locked' when not in use.

^-.-^

My phone is a flip phone. Is there an equivalent state?

[gremcint]

actually there usually is where you can put a password, but on a flip phone it's not as big a deal usually as on a smart phone there is email and banking and all kinds of stuff but a flip phone doesn't do that as much.

[Andara Bledin]

actually there usually is where you can put a password, but on a flip phone it's not as big a deal usually as on a smart phone there is email and banking and all kinds of stuff but a flip phone doesn't do that as much.

Pretty much, yeah. Tho it's the text messages that are most likely to be used against you, and if the phone isn't locked, they don't necessarily need a warrant.

^-.-^

[HYHYBT]

Flip phones are still smart enough to get you into trouble. They have not only stored numbers and call histories, but also calendars, and most of all, photo and video capability. Any of which can get you into trouble.

I still don't lock mine. It's a bit tricky to *un*lock, and it's enough nuisance to have to go through that when it's been turned off, much less every time I go to use it. But then, there's nothing in there that's even secret, much less illegal. My iPod *does* stay locked, not particularly for the police (who wouldn't be professionally interested in anything in there either, but might take an inconveniently long time to figure that out) but mainly because I don't want *anybody* in there. I don't want a stranger going through my email and such, and I don't want a bored friend or relative posting as me on Facebook, much less anything worse. So that's locked (and will erase itself if the wrong code is put in more than a few times)... but the phone just has phone numbers and birthdays in it; if they really want to look at those, they're welcome to.

[Andara Bledin]

I actually refuse to do Facebook on my phone; too much risk and I don't Facebook enough.

However, anyone who got in would be able to Tweet, email, and text as me, or read what I've done in any of those areas.

^-.-^

[HYHYBT]

The Facebook app also (glaringly, annoyingly, and inexplicably) lacks the "share" button, so every time I use the iPod for FB I wind up having to try to remember what I thought was worth passing along so I can go back to it on the computer. If there's a good reason for that button's absence, I'd love to hear it. (And the actual site through the web browser is much harder to use, plus it keeps saying "Hey, idiot, you need to be using the app instead!")

But as long as the thing self-locks, I don't see any more risk in using it than in anything else.

[PepperElf]

There's a lot of stuff that most people have absolutely no idea regarding their own rights.

BTW: if it didn't mention (the page took too long to load so I gave up), have your phone 'locked' when not in use.

^-.-^

that's a good point. would a lock / password then require a warrant in order to review the contents?

[Nekojin]

that's a good point. would a lock / password then require a warrant in order to review the contents?

Yes. There's a recent court decision where the judge explicitly said that because the person's phone wasn't locked, the police officer nosing about in the phone wasn't an illegal breach of privacy, and didn't require a warrant.

[Andara Bledin]

Note, also, that the phone has to be out and in plain sight (I believe) before that comes into play. If it's in your pocket, then it would be a search issue, locked or otherwise.

^-.-^

[s_stabeler]

Andara, that's more related to the fact that going into someone's pocket is a search, not searching the phone itself.

[telecom_goddess]

Yes. There's a recent court decision where the judge explicitly said that because the person's phone wasn't locked, the police officer nosing about in the phone wasn't an illegal breach of privacy, and didn't require a warrant.

What if all it takes to unlock your phone is a swipe? does that count?

[Nekojin]

What if all it takes to unlock your phone is a swipe? does that count?

It takes lawsuits to unravel these sorts of nitpicky details, but going on historical precedent, I'd have to say that since a layman could access your phone if all you had was a swipe-lock (to prevent the phone from reading unintentional touches while in a pocket or purse), that the courts will probably rule that to not be a "lock" in the conventional sense, and therefore wouldn't require a search warrant for that.

IANAL, TINLA.