It’s a timely update to their 2011 edition, incorporating new Supreme Court precedents that give additional protection to protesters who face arrest while video-recording or otherwise documenting protests — required reading in a world of #Ferguson.
You have a right to remain silent—about your phone and anything else. If questioned by police, you can politely but firmly decline to answer and ask to speak to your attorney.
If the police ask to see your phone, tell them you do not consent to the search of your device. Again, since the Supreme Court’s decision in Riley, there is little question that officers need a warrant to access the contents of your phone incident to arrest, though they may be able to seize the phone and get a warrant later.
As we said in the last guide, if the police ask for the password to your electronic device you can politely refuse to provide it and ask to speak to your lawyer. Every arrest situation is different, and you will need an attorney to help you sort through your particular circumstance. Note that just because the police cannot compel you to give up your password, that doesn’t mean that they can’t pressure you. The police may detain you and you may go to jail rather than being immediately released if they think you’re refusing to be cooperative. You will need to decide whether to comply.
Cell Phone Guide For US Protesters, Updated 2014 Edition
[Eva Galperin and Parker Higgins]
(Image: Textbreak, Mo Riza, CC-BY)