Do you have to Hand Over Cell phone if a Cop asks for it?
My Friend and i were hanging out at a playground to get out of our house for a little one night, just sitting there eating McDonald's.
A cop came up to us and started cursing and telling us were trespassing. we said we where sorry but he put my friend in handcuffs but not under arrest. there were no trespassing signs or anything about times you can or cannot be up there. well my friend handed me his phone right before the cop put hand cuffs on him. The Officer demanded I hand over the phone, and I'm not one to argue with a cop if i don't know my rights in that area so I handed it to him.
Now my question is, Did I have to hand it over when he asked for it, even though neither one of us were under arrest and it was our personal property?
- Anonymous1 decade agoFavorite Answer
If the cop wants to check the phone to make sure it's not a weapon or that you have drugs hidden inside, I suggest you give him the phone.
- 1 decade ago
First of all, I seriously doubt a police officer just came running up "screaming and cursing". An officer can detain a person(s) by placing them in handcuffs for his safety. An officer knows that a cell phone can be used as a tool for a gangbanger, whiney kid, or whoever to call/text friends or family to make that particular location which escalates the problem because lets face it; it not much fun when it 10 vs 1. So the answer is yes, he can temporarily relieve you of your phone. Also, as always, there is another half of this story missing somewhere. Bottom line: you have nothing for a complaint.
- Anonymous1 decade ago
After there is no charges you go to the department (with your parents if you are a minor) and fill out a complaint on paper and check later to make sure the complaint is in the system.
- HDLv 71 decade ago
yes, you must do what a cop says.