Monday, June 2, 2014

Basic rights: What can the police search?

Before you read these this is one of the most important facts: do not be charged with obstruction of justice, you can not challenge an officer on the street. Do not threaten a police officer or threaten to file a complaint. Just write down everything that happens and file a complaint later.

Can the police look in your car?
If a police officer asks to look inside your car, you can refuse to let them search your car. However, if the police think your car contains evidence of a crime they can search it without your consent.

Can the police search your phone?
United States V. Wurie 2013
Court of appeals held that police can not search without a warrant except in specific circumstances where the police officers safety is in jeopardy or their is a chance evidence might be erased/destroyed.

this case is still being debated
Riley v. California 2014
The California Supreme court said that police can search a cellphone without a warrant if the phone is "immediately associated with person." meaning the person who got arrested. 

Do you have to let the police in your house?
Not unless they have a warrant. You have the right to ask them politely to hold the warrant up to the window or slide it under the door so you can read it.

Learn more:
https://www.aclu.org/drug-law-reform-immigrants-rights-racial-justice/know-your-rights-what-do-if-you#5

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