Can police search your digital possessions? Such as a personal computer, cell phones, laptop, etc. Just what are your rights when the police come knocking on your door and demand to grab your smartphone?
KNOW YOUR DIGITAL RIGHTS
Don’t consent to a search
Just say no. Tell the police to come back with a search warrant.
If you voluntarily agree to let the police search, they won’t legally need a search warrant. They will be able to search your house, computer, cell phones, etc.
Always ask to see a search warrant
If the police do in fact have a search warrant, you have a right to see it.
Make sure the police only search the area(s) where the warrant allows them to do so. They are not permitted to search other areas.
You do have the right to remain silent
You don’t have to say a word to the police or help them while they are searching.
You don’t have to give your encryption keys or passwords to the police.
If you do decide to talk to the police, you have to tell the truth. Lying can be held against you.
Once police are allowed to search your home you can not interfere in any way.
Talk to a lawyer
Always get a lawyer first, if the situation permits you to do so. Get a lawyer when police want to talk to you, or when police want to search your home, business, or any electronic device.
A lawyer is best suited to deal with the police. The lawyer may be able to retrieve your electronic device that the police got from you. Always get a lawyer.
For more tips you can visit the Electronic Frontier Foundation.
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