5 It's unclear, however, whether this rule applies to items like a hard drive placed into someone else’s computer. 4 However, the police cannot search if one person with control (for example a spouse) consents, but another individual (the other spouse) with control explicitly refuses. Anyone can consent to a search as long as the officers reasonably believe the third person has control over the thing to be searched. The rules around who can consent to a search are fuzzy. 3īe aware that the police can ask your roommate/guest/spouse/partner for access to your computer if they don’t have a warrant. Second, if police have probable cause to believe there is incriminating evidence in the house or on an electronic device that is under immediate threat of destruction, they can immediately search it without a warrant. 2 That’s why it is usually better to not consent to a search.
First, if you consent to a search, then the police can search within the scope of your consent. There are two major exceptions to the warrant requirement. You can do this by telling the officer: “I do not want to talk to you. If they offer to simply “interview” you, it is better to decline to speak until your attorney can be present. They may or may not indicate right away why they are there. The safest thing to do is step outside and shut the door behind you. When the police knock on your door, you do not have to let them in unless they have in their possession and show you a valid search warrant. The police can’t simply enter your home to search it or any electronic device inside, like a laptop or cell phone, without a warrant. Apart from a few exceptions, police need a warrant to enter your home. Law enforcement may show up at your door. If not, then they will generally need to get a search warrant to search. 1 That’s why it’s better not consent to a search-police may drop the matter. You can limit the scope of that consent and even revoke or take it back after the officers begin searching, but by then it may be too late. If you say “yes” and consent to the search, then police don’t need a warrant. The most frequent way police are able to search is by asking you for permission. If you consent to a search, the police don’t need a warrant.
#Take your record take your freedom portable
Police can search your computer or portable devices at the border without a warrant.Even if you're arrested, police can only search your phone under limited circumstances.Be aware that the police can ask your roommate/guest/spouse/partner for access to your computer if they don’t have a warrant.Law enforcement may show up at your door.If you consent to a search, the police don’t need a warrant.Overview: When can the police search my devices? The police can’t get in to my computer.Overview: When can the police search my devices?.We’ve organized this guide into three sections: You can always state: "I do not want to talk to you or answer any questions without my attorney present." If they continue to ask you questions after that point, you can say: "Please don’t ask me any further questions until my attorney is present." And if the police violate your rights and conduct an illegal search, often the evidence they obtain as a result of that search can’t be used against you.
Remember‚ generally the fact that you assert your rights cannot legally be used against you in court. Keep in mind that the Fourth Amendment is the minimum standard, and your specific state may have stronger protections.īecause anything you say can be used against you in a criminal or civil case, before speaking to any law enforcement official, you should consult with an attorney. But how does this work in the real world? What should you do if the police or other law enforcement officers show up at your door and want to search your computer?ĮFF has designed this guide to help you understand your rights if officers try to search the data stored on your computer or portable electronic device, or seize it for further examination somewhere else. Constitution protects you from unreasonable government searches and seizures, and this protection extends to your computer and portable devices. This sensitive data is worth protecting from prying eyes, including those of the government. Your computer, phone, and other digital devices hold vast amounts of personal information about you and your family.
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