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Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? - Politics (3) - Nairaland

Nairaland ForumNairaland GeneralPoliticsDoes The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? (27784 Views)

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Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Akinadeakintayo(m): 1:15pm On Sep 22, 2016
Yes you have the right not to check or have your fone since you are not quilt of the fone u are owning
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by ferdison(m): 1:18pm On Sep 22, 2016
the police are not supposed to do so... But here in auchi its a normal tin...Dont Just argue with them if U av no implicating material on the phone... But if U av any, Just take them straight to the ATM and bail Urself n Ur phone...
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by jimohibrahim(m): 1:20pm On Sep 22, 2016
I schooled in Ado Ekiti and I can say at least in a year my phone gets scanned and searched by the police..and it's annoying, there was a time a officer was even asking my that I'm using Chris brow pictures for yahoo.... I was like is this man daft?

On the second occasion I realized that dressing too much with expensive wears attracts them too.. One day I was coming from school and I was stopped at a checkpoint and the officers asked me to give him my phone I was using blackberry then so I handed the phone over

He search and search and search, open my email box,chatting apps,gallery,music player and all this was going on under the Hot sun ooo

I was just smiling when he's through he gave me my phone back.. I was just saying for his mind he thinks he has found a mugu

On third occasion I realize that even fake police officers or dismissed ones still use gee boys for food .. Don't want to explain much but this third one was a very funny experience..

My concluding part is that it's not everywhere police harasses people because since I finish in Ekiti and travelled back to Abuja no police have asked me rubbish questions even though you're pressing your laptop in the street they won't question you or you use flashy and expensive phone here .... NO POLICEMAN CARES
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by ugojenn(f): 1:21pm On Sep 22, 2016
Yes dear,depending on d situation on groud
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by goldedprince: 1:25pm On Sep 22, 2016
SUPOL:
Who told u that?
If a police officer has any reason to suspect u of any crime. He has d reason to search ur pockets, bags, phones and other belongings. Say wat u know please
This one na ekelebe
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by LordPherule(m): 1:29pm On Sep 22, 2016
Olusharp:
it is not uncommon o... over here once it after 7pm you dare not carry a phone especially laptop..if them just see lap you don die not to talk of laptop..you will have to show them your receipt and the job you do to allow you be carrying laptop "upandan", its funny...

***by the way,anyone who can help me with an online job or a part time job in Osun state..*** pls help me!
That embarrassment is rampant in Osogbo area of Osun state. Whew!
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by goldedprince: 1:32pm On Sep 22, 2016
Them no born any eke well to search my phone or even talk trash. Not when i roll with their boss. 3 police that tried it lost their jobs. More will still loose their jobs asking me shyt. POLICE DEY LOOK FACE NA.
The ones wey no one look face go loose im job.
shekina
May them search those politicians then i go allow them search me
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by LordPherule(m): 1:33pm On Sep 22, 2016
goldenceo1:
Na Sars b baba for phone searching sef.. does pple are freaking hell on d road
The infuriating part of it is that they slap/kick the victim if he dear try to make an utterance. They are to protect but they humiliate human right.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 1:34pm On Sep 22, 2016
I believe the Police would need a warrant before going through an individual's phone or computer, according to the rules of criminal procedure.
Same law also requires the police to obtain a warrant before searching other personal or real property of a suspect.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Ahbigearl1(f): 1:36pm On Sep 22, 2016
Truth is it may not be constitutional but it isn't new to us the callousness we witness from the very law maintaining agency who are supposed to protect us. Honestly, i wouldn't say "Police is your friend"... i'll share my experience.

i was commuting from Nsukka to Enugu after work with colleagues one day. This was on the new road connecting Enugu and Nsukka through Abakpa. Our vehicle had driven through this route to Nsukka to make some supplies and had met these policemen at various checkpoints on the road. While on our way back, i was sharing a meal with a colleague of mine when we got to one of the checkpoints. As was procedure, our driver slowed down and this officer peered into the car. On sighting us eating at the back, he requested the back window be wound down which the driver was hesitant in doing because we were eating. For some reason, this angered the policeman who asked to search the car. I would state here that we were in an Global Fund marked official car which another officer pointed out inquiring why he was searching a federal car. This officer didn't care much to our annoyance but we let him knock himself out as law abiding citizens. He asked us to alight from the car and checked under the seats for what i don't know then went on to search the back (it was a hilux) which was empty save for my school bag in which were some of my personal items. While we chatted idly, it struck me that the policeman was taking long to search the empty back much to the chagrin of the driver who was protesting against something. It happened that this evil man was searching my school bag in the absence of the owner. I mean he searched it zip by zip so from the second zip, he must have identified some feminine items yet he dug on in total disregard to the driver's protest. I felt massively violated but as raged as we were, it angered me more that we were helpless and couldn't do anything as he was almost done by the time we realized what was happening. What if he had planted something illegal into my bag just to implicate someone in the car? It's not a new move among them you know...

Searches are constitutionally guided but these hoodlums in uniforms on the streets do not consult that guide book... and they don't care!
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by LordPherule(m): 1:41pm On Sep 22, 2016
goldenceo1:
some apps bro.. i.e boa,chase,wellsfargo mobiles app, kik, vpn, 1*q. checks, foreign I'd card, pix of client, etc u don't wanna be caught wit does app or else 150-400k will be offering depending on ur G word contacts.
Those files are too fishy for average rational man to get curious!
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by stchinedu: 1:44pm On Sep 22, 2016
It is no longer news that the Nigeria Police is not refined. I read some comments that they do not know the constitution but i do not agree to that. Many of them are educated, they only bask in the ambience of decay in the society.

Nigeria is a very corrupt society and it has become a norm for all of us. People will condemn bribery and still frown when they are in a commercial vehicle and the driver refuses to "drop" for the police...

Infact, we blame anyone that refuses to "cooperate" with the police and tag the person as not smart. Reason, we want to "settle" for "peace"

Almost all level of institution in Nigeria is guilty of corruption...including the spirituals...The policemen and women we see on our streets and at the stations are products of this same society...what do we expect, saints?


@Op, the answer to that question is NO, but this is Naija.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 1:45pm On Sep 22, 2016
LaEvilIMiss:
Please forward the full scan to me so i can print and keep in my car and on my phone for future reference
you can save that aswell
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 1:46pm On Sep 22, 2016
Namdeenero:
Bro if they see you in a car with a laptop, you're finished, especially if you don't have the reciept of the laptop with you at that moment.. I bailed my laptop with 20k when some police officers stopped me on my way back from my computer lesson and they demanded for the reciept which I had lost.. Naija police are NOT our friends!!
A letter to the Commissioner of Police with the full details can go very far. Note that they have bosses too.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by 4dor: 1:47pm On Sep 22, 2016
Ahmed0336:
Most Police officers are terrible, that uniform make em feel they can do and undo. Most of em knows nothing about human right and constitution.
Lemme drop a story.
A week back my friend was driving along Lafia road when a camry hit him from behind, he lost control then ran into two keke napep parked by the road side. Four persons lost their lives included a pregnant woman, luckily police officers were stationed at the scene of the accident. The camry driver ran off. my friend was hospitalized when policemen came and took him straight no short cuts to cell. The families of the deceased gave statements at the station that since it was no fault of his that the police should set him free. Likewise those officers stationed at the point of the incident also gave their statements saying my friend wasn't at fault.
As I am typing this that dude is still in cell. They said they ll grant him bail if we pay 150,000 and the person must have properties in lafia. Aswear if I say d matter no tire me I lie. D dude looks sick, 1 week now him never bath and if u see the cell honestly u no go pray to enter police trap
Hello Ahmed,

Please if this story is true go to Twitter and report to this handle (@PoliceNG_CRU) if you get no response, mention me and I will take it up from there.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by tosine25: 1:52pm On Sep 22, 2016
jbreezy:
As in diz issue shld b attended to,,,d policemen in ibadan re so naughty eehhhn,,,if dem sight person wey dress wit full swag,,,na to stop am n strt searching fones n pocketz,,,dey've delayed me 4 almost 2hrs b4 cos dey ad to go charge my fone sinz it was dead,,,waz jst lukin n dem n cautioning my anger,,,,abeg, mak una warn dem oooh
Hardly will u move around Iwo road under-bridge, New garage side and Challenge without meeting up wif dem.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 1:55pm On Sep 22, 2016
all u can do if any policeman asks for your phone is raise an alarm to draw the attention of people nearby or u run. cos if u stay no one will be able to prevent them policemen from extorting bail money from u.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by ajaophobia(m): 2:08pm On Sep 22, 2016
Tapout:
here in the east, they now go through laptops...... as a young guy, if they see you driving a car and exhibiting too much freshness grin u r automatically a gee boy cheesy grin. Ndi ara! angry
lolzzzzzzzz..........so its now a crime to look fresh. NA WA O
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 2:09pm On Sep 22, 2016
SUPOL:
Who told u that?
If a police officer has any reason to suspect u of any crime. He has d reason to search ur pockets, bags, phones and other belongings. Say wat u know please
A routine search doesn't fall under reasonable suspicion.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by dayowunmi(m): 2:09pm On Sep 22, 2016
The ones around kwara state are even more ridiculous, they may ask you to remove your shirt or roll it up almost to your neck cos they are looking for tattoo's, if they find tattoos on you, almost certainly it means you are a cultist. Lolz. If you com be guy and you plait hair, OYO is your case. They stop passenger busses at will, and ask most if not all the guys to come down for searching, they search your bags(if any) , your pockets, your phones etc. It' can be so ridiculous and humiliating, they don't bother with the ladies but if you be guy, they suspect you. I wonder if crime is exclusive to the male gender only. I just wonder if, since we are dark in complexion in Africa, we have to reason and behave like the color of the skin as well.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Ahmed0336(m): 2:20pm On Sep 22, 2016
4dor:
Hello Ahmed,

Please if this story is true go to Twitter and report to this handle (@PoliceNG_CRU) if you get no response, mention me and I will take it up from there.
Thanks man, his dad refused to involve human right lawyers instead he paid em 100k and his son was released few minutes back. Thanks for your concern.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Clairvoyant(m): 2:48pm On Sep 22, 2016
I know we have police officers in this Forum and following this page...
...and you can spot them via there comments or non comments... angry
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 3:07pm On Sep 22, 2016
Kay17:
A routine search doesn't fall under reasonable suspicion.
During d tour of his duty
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 3:12pm On Sep 22, 2016
SUPOL:
During d tour of his duty
The Nigerian is not presumed to be a criminal
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by delishpot: 3:13pm On Sep 22, 2016
kidman96:
Yes and no. I don't think there is anywhere in the Nigerian constitution that says they can't. So if a Police man can come to search ur house without warrant I think they can search ur phone without a warrant to. All they need is a probable cause. Our democracy is still very young.
Then Nigerians are not living in a free and fair Democratic nation. If a man in uniform can just play inie minie manie mo and enter the unluck persons house and do as they please. Then we should say we are in a dictatorship government
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 3:20pm On Sep 22, 2016
Kay17:
The Nigerian is not presumed to be a criminal
But a suspect
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by bashbanks(m): 3:24pm On Sep 22, 2016
Police in Lagos has been harrasing people since 1900BC... I can remember the day a friend of mine was arrested... it seems the officer's were so hungry that night. we were returning for a function around past nine at night.. They stopped us and started questioning us ,then proceeded to ask for our phone one after the other... They saw an image of this American rapper ( The game) holding two guns.. Next thing we heard was that the two guns have been reported stolen so we have to provide it or our friend goes to jail.. we all thought it was a joke that day, we payed 7k before they left us... Mafoluku, Airport Road is where those police made their own station now
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by antispexish(m): 3:28pm On Sep 22, 2016
my experience with naija police
locations: around palm groove pedestrian bridge

police officer(in mufti):" heysss come here!"
me: I've seen them before, so I did not look at who was talking.

then there was one strong taping on my shoulder

P.O: "you no hear say I dey call you"
me: "sorry I no hear"

P.O: " you no hear say I say make you stop"
me: "sorry I did not hear, but if I heard you calling my name, I will not answer you cus I don't know you"

P.O: " I'm a police officer"
me : " can you identify yourself"

P.O: (bringing out one dilapidated I.D card)" oya follow me"
me: "sir, I did not see the I.D card you brought out and where I'm I following you to"

P.O: (pulls my shirt, then pushes me forward)" come see my oga, make you ask am for identification"(he thought that will frighten me)
me: okay, (don't want to rough handled yet)

senior police officer: " pls identify yourself"
me: (for my mind: your junior officer refuses to identify himself you want me to tell you who I am) " my name is ...........".

Senior police officer : " we are on a stop and search, oya search him"
me: (brings out the money in my pocket and wallet, squeezed it I'm my hand, then raise my hand to be searched).

After my wallet was searched, no incriminating evidence, nothing but my I.D card, which the officer removed from the wallet and refused to put it back)
senior police officer: " bring the phone" (blackberry phone), " oya unlock am" .
Senior police officer: (after checking through my contact list, now Checking all my pictures, including those hidden, saw a famous picture of a police officer(yellow fever) , lastma and one other official all riding on one motorbike)

senior police officer: " you sabi this people, why you dey take their picture, you no know say that one na offence"
me: "sir, I did not take the picture, that thing you saw was a screen munch of a Web site. Sir you are also not supposed to search my phone unless you have a search warrant, the content of that phone are my personal property, sir also in case you find anything their , you cannot use it against me cus you did not show me a search warrant".

P.O: (cuts in)"oga, this boy is stubborn, see as e dey tell us law, na so easy take waste my time when I call am.
Senior police officer: (tells me)" get inside, we are taking you to the station"

luckily for me, the man Im supposed to go and meet calls me on my other Nokia phone,(re turned to me earlier), since I knew who called, I put it on loudspeaker .

caller: "nibO lowa"(where are you)
me: "daddy"(he is not my dad, but I Was on my way to see him at oriel police station)" mo tin Bo , a won olopa lo mu mi lono, wan fe arrest me.(Police just arrested me)

caller: " ki lo se, gbe phone fUn won kin Bawo n soro" (give the phone to one of then)

I gave the phone to the senior officer,
me: " someone wants to talk to you"
senior officer: (took the phone, cuts the call) " get inside before I slap your face"

I got into the bus, and the other officers got in too, as we are about leaving

senior police officer: " this boy, you are very disrespectfull, no worry , you will see"
me: " the person I was going to see said he want to talk to you, Im supposed to be in his office right now sir!, I'm not trying to be rude.

Senior police officer: " you you wan go see when we Don arrest you, where the person dey?"
me: "pantI right now, coming from zone A".
Senior police officer: " who be the person, he be police"
me: " I no know, but the DPO we were going to meet always do attention to him".

Senior police : " name that man save you o, oya get down.".
me: (collect my phones, got down, then I remembered that the first officer had removed my I.D card from my wallet.) " oga, my I.D card had been stolen from my wallet, I'll have to report it to the man that called me"

senior police officer: "who steal ya wallet".

The officer , catching the drift of the discussion, pushes my I.D card into my hands and I left.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by antispexish(m): 3:34pm On Sep 22, 2016
xtervaganza:
The last time one of them stopped me to check my phone, I told him I'll only give him after putting his name down. I'll give the name to my lawyer who in turn will sue the police force for harassment.


Then I told him I have a copy if the Nigerian constitution on my phone that he has no right to infringe my privacy without a warrant
the last time I quoted the constitution for a policeman at under bridge in lagos, I got about dozen slaps before I was bundled to the station.

I attempted to call my lawyer, the slap I received was so bad that my phone switched itself off and refused to come back on for the rest of the night, I for sleep station that I night if I had not taken time(during transportation) to text my family.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by sybarite7(m): 3:34pm On Sep 22, 2016
SUPOL:
Who told u that?
If a police officer has any reason to suspect u of any crime. He has d reason to search ur pockets, bags, phones and other belongings. Say wat u know please
CRU NEWS BULLETIN 01/2016
INSPECTOR-GENERAL OF POLICE PROHIBITS OFFICERS FROM ILLEGAL ACCESSING OF PERSONAL MOBILE PHONES.
The Inspector-General of Police, IGP Solomon Arase, fdc, NPM has warned Police officers who are in the habit of indiscriminate checking of personal information on mobile phones of members of the public to stop such practices with immediate effect.
In a Police Circular titled: “ REPORTS OF ALLEGED INDISCRIMINATE ACCESSING OF PERSONAL INFORMATION ON MOBILE PHONES BY POLICE PATROL TEAMS” dated 31st December, 2015, signed by the Force Secretary, AIG Patrick D. Dukumor, mni, and dispatched to all Police State Commands and Formations nationwide on Monday 4th January, 2016, the IGP directed that severe disciplinary actions would also be taken against any officer (s) and their Supervisors (DPOs, Area Commanders and Sectional Heads) against whom a proven report of illegal mobile phone checks not supported by appropriate court orders or operational exigency is made.
All State Commissioners of Police and Formation Commanders were further directed to make the full content of the said Circular known to all officers attached to their respective Commands. The Circular also reminded officers to ensure protection of the Rights to private and family life as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 as Amended
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 3:36pm On Sep 22, 2016
SUPOL:
But a suspect
wouldn't it be paranoia to consider every Nigerian a suspect? And if it's paranoia then it can't be reasonable
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