20 Secrets Police Officers Don't Want You to Know (2024)

Of course, the average person knows that drinking and driving is illegal. But do you know when a police officer does—and does not—have the right to look through your phone? And did you know police officers can legally lie to you? Plenty of nuanced laws of the land tend to be misunderstood—or totally unknown—by the general population. So, if you have a run-in with the law, make sure you keep in mind these police officer secrets.

1

The police don't have the right to look through your phone, even when you're in custody.

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Unless you give your express consent or there is a warrant, the police do not have the right to look through the contents of your phone—even when you're in their custody. This was decided in the landmarkRiley v. California case in 2014, for which Chief Justice John G. Roberts, Jr. decided that, since "digital data stored on a cell phone cannot itself be used as a weapon to harm an arresting officer or to effectuate the arrestee's escape," there is no immediate need for an officer to access the contents of a person's digital devices.

2

Nor can they enter your residence without a warrant or your consent.

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Regardless of what you might see on TV, police officers can't actually burst into your home unless they either A. have a warrant or B. have received your express consent to do so. However, as Scharff Law Firm in Raleigh, North Carolina, points out, there are a few exceptions to this rule. For instance, an officer can enter your home without your consent under the plain view doctrine when they "can see evidence within their sightline."

3

They also can't search your property without a warrant or your consent.

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Not only do police officers not have the right to enter your home without a warrant, but they also can't search your property without one or your consent. But this right is rather recent; it was only in 2018 that the Supreme Court ruled in Collins v. Virginia that "when a law enforcement officer physically intrudes on [a person's property] to gather evidence, a search within the meaning of the Fourth Amendment has occurred."

4

Police officers can legally lie to you about having evidence.

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If a policer officer tells you that they found your DNA at the scene of the crime, they may not necessarily be telling the truth—and that's perfectly within their rights. Time and time again this issue has come up in court cases—and every time it does, the judges ultimately side with the cops, noting that deliberate deception is fair game so long as it's not likely to produce a false confession.

5

And they can trick you into giving them your DNA.

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If you don't want the police to have your DNA on file, then don't accept a cup of coffee or water from them. According toNicholas J. Moore, Esq., a San Diego trial attorney, it is well within the police officer's rights to obtain DNA samples from anything you touch—and "a positive DNA match to an active crime scene is usually sufficient for an arrest and a charge."

6

It's also possible for them to get access to your DNA through DNA testing kit companies.

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Think twice before sending your DNA in to get tested by a company like 23andMe or Ancestry. Though it's extremely uncommon, DNA-testing companies like these make it clear on their websites that they will comply with government and law enforcement requests for user information and DNA samples. In 2018, a sample from an ancestry website even helped Sacramento authorities catch the infamous Golden State Killer.

7

You are legally allowed to film and photograph police officers.

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The American Civil Liberties Union (ACLU) of Connecticut notes that as long as you are in an outdoor public space or on private property with the owner's permission, a police officer cannot command you not to photograph or film them.

8

And they can't ask you to delete videos or photos from your phone without a warrant.

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Police officers also can't ask you to delete any footage or film you get. The only instance in which an officer can demand to see your photographs or videos is with a warrant—and even then, they don't have the right to delete things from your phone.

9

Not all states require that you show an officer your identification.

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Of course, when you're traveling internationally, you are legally obligated to show authorities your identification. However, when it comes to identifying yourself within the States, whether you are legally required to show an officer your ID is determined by each state.

In Alabama, for instance, the law states that a sheriff or any other officer of the law can "stop any person abroad in a public place whom he reasonably suspects is committing, has committed, or is about to commit a felony or other public offense and may demand of him his name, address, and an explanation of his actions." But over in Maryland, an officer can only ask for identification if they believe that a person "may be wearing, carrying, or transporting a handgun."

Regardless of which state you're in, keep in mind that you are never obligated to identify yourself to an officer if they have no reason to suspect you of committing a crime.

10

Police have the right to search any abandoned property.

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If you leave your suitcase unattended in the airport to run to the bathroom, the police have every right to search it. This was determined in the landmark 1997 United States v. Tugwell Supreme Court case, which determined that whenever a person leaves property unattended—intentionally or otherwise—they forfeit any privacy protections provided by the Fourth Amendment.

11

Everything you say is on the record.

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Remember that anything you say to an officer can andwill be held against you in a court of law.

12

Unless you have been arrested or are being detained, you have every right to leave a police station.

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If you aren't being detained and you haven't been arrested, then the police cannot hold you against your will. This is thanks to the Fifth Amendment of the U.S. Constitution, which, as Florida public defenderHoward Finkelstein notes, "protects you against self-incrimination."

13

The police aren't required to read you your rights if you aren't being detained.

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The Miranda rights—that is to say, the rights that police officers are obligated to read when they arrest someone—only apply to custodial interrogations, or interrogations that happen while someone is in police custody. When it comes to non-custodial interrogations that people give of their own free will, the police are not legally required to read the Miranda rights—and as such, anything a person says during an optional questioning can be used against them in court.

14

And even if you were arrested, there are things that you can say before being read your rights that are admissible in court.

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Most of the things you say before being read your Miranda rights are considered inadmissible in court. However, Michigan criminal lawyer and defense attorney Patrick Barone notes on MirandaWarning.org that there are some exceptions to this rule. For instance, "if a statement is made that admits to [a] crime [and it] was not made in response to a question," then the police can use that admission against you in court.

15

You have the right to look at any search warrants.

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If the cops ever show up at your house and claim to have a search warrant, you can exercise your right to actually read said warrant. "You're welcome to read [the warrant] at your leisure," Christopher Hawk, a retired member of the police force, noted on Quora. "If the warrant turns out to be defective, you have remedies available through the court system. Evidence can be thrown out, civil suits can be brought against the department, etc." Just bear in mind that the police don't have to wait for you to read the warrant before entering your home.

16

Officers with search warrants almost always have to knock before they enter your house.

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Here's another thing that you should know when it comes to search warrants: Even when the police have one, they are legally required to knock and announce themselves before they enter. However, there is one exception to this rule: In Richards v. Wisconsin, the Supreme Court decided that the police can forego the formalities of knocking if making themselves known "would be dangerous or futile, or that it would inhibit the effective investigation of the crime."

17

Police need probable cause to pull you over.

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The police don't have the right to pull you over without probable cause, notes Dallas criminal attorneyMick Mickelson. What's more, if theydopull you over without a reason to do so and subsequently find evidence of a crime in your car, "they usually can't use that evidence in court against you."

18

A police officer can give you a speeding ticket based on their visual observations alone.

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Believe it or not, a police officer doesn't need to use a speed gun in order to determine whether or not you're driving above the speed limit. Rather,New York attorneyMichael Kramernotes that "it has been held that the opinion evidence of a police officer, uncorroborated by any other mechanical device, will be sufficient to sustain a speeding conviction." Yes, you read that right: So long as the court finds that an officer is qualified to gauge speed visually, then their testimony against you is enough to make a speeding ticket valid.

19

Police officers aren't as familiar with the laws as we may believe.

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Just because police officers are tasked with keeping the streets safe and making sure that citizens are abiding by basic laws doesn't mean that they know every single thing about the criminal justice system. Rather, Rick Bruno, a retired police commander, noted on Quora that "there are a lot of laws out there, and we [police officers] know the basic ones for the most part—the ones we deal with all the time—but sometimes someone does something that looks illegal and we're not quite sure."

20

And they don't always trust their fellow men in uniform.

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The same way you don't get along with all of your coworkers, cops also deal with comrades who aren't necessarily their favorite people. "We do not always trust the people we are working with, the ones wearing the same uniform we are wearing," said Bruno. "Some are cowards, some are lazy, some are liars. Many times we try to get rid of them. Sometimes we can, [and] sometimes we cannot." And for ways to make your job more enjoyable, check out these20 Daily Confidence Boosters for Getting Ahead at Work.

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As a legal expert and enthusiast, my comprehensive knowledge of the legal landscape empowers me to provide insights into the complex and often misunderstood realm of law enforcement practices. My expertise extends to various legal concepts discussed in the article, shedding light on the rights and interactions individuals have with the police.

  1. Search of Personal Property:

    • The article emphasizes that, in the absence of consent or a warrant, police officers cannot search through the contents of an individual's phone, citing the pivotal Riley v. California case (2014). This landmark case, with Chief Justice John G. Roberts, Jr. presiding, established that digital data on a cellphone is not an immediate threat to law enforcement.
  2. Residence Entry and Searches:

    • It clarifies that police officers generally cannot enter a residence without a warrant or explicit consent. Exceptions are mentioned, such as the plain view doctrine, where officers can enter without consent if they observe evidence in plain sight.
  3. Property Searches:

    • The article highlights that police officers cannot search an individual's property without a warrant or consent. It refers to the 2018 Supreme Court ruling in Collins v. Virginia, specifying that a physical intrusion onto a person's property for evidence collection constitutes a search under the Fourth Amendment.
  4. Police Deception and DNA Collection:

    • The article notes that police officers can legally deceive individuals about having evidence, and they have the right to collect DNA samples from items touched by the person. It underscores the potential consequences, as a positive DNA match can lead to arrest and charges.
  5. DNA Testing Kit Companies:

    • Individuals are warned about the potential risks of sending DNA samples to testing companies like 23andMe or Ancestry, as these companies may comply with government and law enforcement requests for user information and DNA samples.
  6. Recording Police Activities:

    • The article emphasizes citizens' rights to film and photograph police officers in outdoor public spaces or private property with the owner's permission. It also highlights that officers cannot ask individuals to delete photos or videos without a warrant.
  7. Identification Requirements:

    • It mentions that not all states require individuals to show identification to police officers unless there is reasonable suspicion of a crime. The variations in state laws are exemplified with examples from Alabama and Maryland.
  8. Abandoned Property Searches:

    • The article points out that the police have the right to search abandoned property, citing the United States v. Tugwell Supreme Court case from 1997.
  9. Admissibility of Statements:

    • It discusses the admissibility of statements made before being read Miranda rights, noting exceptions where statements admitting to a crime, not made in response to a question, may be admissible in court.
  10. Right to Leave Police Station:

    • Individuals are informed that, if not detained or arrested, they have the right to leave a police station according to the Fifth Amendment, which protects against self-incrimination.
  11. Reading of Miranda Rights:

    • The article clarifies that Miranda rights apply to custodial interrogations, and police are not obligated to read them during non-custodial interrogations.
  12. Inspection of Search Warrants:

    • It asserts the right of individuals to read search warrants if presented by the police, with potential remedies available if the warrant is found to be defective.
  13. Knocking Requirement with Search Warrants:

    • The article notes the legal requirement for police to knock and announce themselves before entering a residence with a search warrant, with exceptions defined by the Supreme Court in Richards v. Wisconsin.
  14. Probable Cause for Traffic Stops:

    • It states that police need probable cause to pull over a vehicle and explains the legal consequences if a stop is made without sufficient reason.
  15. Visual Speeding Determination:

    • The article reveals that police officers can give speeding tickets based on their visual observations without the need for a speed gun, provided the court deems the officer qualified to visually gauge speed.
  16. Police Officers' Knowledge and Trust Issues:

    • It concludes by highlighting that police officers may not be familiar with every law and may not always trust their colleagues, illustrating the complexity and human dynamics within law enforcement.

In essence, this information provides a valuable resource for individuals to better understand their rights and navigate interactions with law enforcement.

20 Secrets Police Officers Don't Want You to Know (2024)

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