We’re the police able to take my phone ?
I was very intoxicated when police made me
Give them the password to phone I said no and they had no reason to even ask me for my password also made me be informant it has been 2 years since they took my phone I was in no right mind at all I feel like I was taken advantage of and I haven’t spoken to them since that night I got arrested I first had a heart attack outside the bar then was brought to the hospital then police station where I was interrogated
- James BlackleyLv 73 months ago
I think there are two different issues here.
1- Them requesting your phone
2- Them asking for your password
When an officer arrests an individual, ALL personal property on the person is handed over to the arresting officer at moment cuffs are placed on. This is done for two reasons 1) To make sure the item can't be used to harm the officer/public 2) To be used as a means of escape. Once a person is arrested their property is put in a plastic bag, and locked up in a secure location at the station, and is given back the minute a person is released from custody.
An officer for a DUI, cannot ask for your password, nor can they sift through your phone for any reason! Now if there was another crime committed, and they felt there were "reasonable and probable grounds" to search your phone, they would need to go before a judge and obtain a search warrant.
It sounds to me, like these officers were abusing their powers here with you.
- Anonymous3 months ago
You're worried about your phone after two years?
- STEVEN FLv 73 months ago
They need a warrant to SEARCH the phone. They most likely can legally take physical possession, at least for the duration of the encounter.
That said, they literally CAN'T make you an informant without your ACTIVE cooperation.