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Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? - Politics (4) - Nairaland

Nairaland ForumNairaland GeneralPoliticsDoes The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? (27783 Views)

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Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by xtervaganza(m): 3:42pm On Sep 22, 2016
antispexish:
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.
this is why it is very important for each and every one of us to dress appropriately all the time.



No policeman will slapp you if your looks and dress intimidates him.




Last week I passed by a police station cell where one of their inmates peeped through the dark, small window to beg me to buy him food. I asked for his name and he told me.



Next thing a police man walked up to me and said if not because I look responsible he would have arrested me and I asked him why He just couldn't say anything .



I bought food for the guy and they asked me to buy disinfectant too to clean their cell but I gave them mkney to buy it
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by angelroz: 3:51pm 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.
what is the relationship,kwa? what business do they have with my phone?
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by DavidEsq(m): 3:54pm 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
As u type now, u shld be on ur way to a lawyer's office to brief him, not waste ur time mourning here.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by antispexish(m): 3:55pm On Sep 22, 2016
xtervaganza:
this is why it is very important for each and every one of us to dress appropriately all the time.



No policeman will slapp you if your looks and dress intimidates him.




Last week I passed by a police station cell where one of their inmates peeped through the dark, small window to beg me to buy him food. I asked for his name and he told me.



Next thing a police man walked up to me and said if not because I look responsible he would have arrested me and I asked him why He just couldn't say anything .



I bought food for the guy and they asked me to buy disinfectant too to clean their cell but I gave them mkney to buy it
I was coming from a party, could not have worn a shirt and tie to the party.
I had taken alcohol in the party, so he probably smelled it in my mouth and came to a wrong conclusion.

They sometime determine how they address you based on your dress code, but let them see something expensive on you , dress code will be the last thing on their mind!, expecially at night!.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by angelroz: 3:58pm On Sep 22, 2016
goldedprince:
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
abeg i gats know you o so that if them try any shit with me i go tell me say i know who know their boss. but seriously, their shit don too much. them need who go de treat their f- up at times.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by goldenceo1: 4:18pm On Sep 22, 2016
ABUZINZU:
chase and USAA app almost put me in those police net thank god say you fit hide app on iPhone
Afta every MD always delete d work app. #rule101. Na God dey save man oh
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by orisa37: 4:20pm On Sep 22, 2016
No such rights. Until it's needed in evidence in Court, anything you say before then might be used in evidence against you. So keep your smartphones away from Police.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Goddys(m): 4:53pm 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.
A policeman has no constitutional or statutory right to invade one's house without a search warrant obtained from high court, and even when obtained, two witnesses must be there to attest to the fact that the search is devoid of any ulterior motive.
From a lawyer-in-equity,
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Goddys(m): 5:01pm On Sep 22, 2016
DavidEsq:
As u type now, u shld be on ur way to a lawyer's office to brief him, not waste ur time mourning here.
I can assist if you can afford the legal fee. The only people police are afraid of are lawyers. Don't fight or cry, just get a lawyer. I'm not yet called to bar but I can get him out if he has not implicated himself by attesting to statements written by those crook officers.
Well, even if he does, we may claim that he is coerced or induced to append his sign on the statement.
Fear lawyers when you see one that is sound..
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by legacyint: 5:07pm On Sep 22, 2016
Greenbullet:
LEMME SHARE MY OWN STORY,THIS HAPPENED IN BENIN CITY,ME AND A FRIEND WHO DRIVES A VERY EXQUISITE CAR(name withheld because of stalking gold diggers) WERE DRIVING PAST EKEWAN ROAD,CLOSE TO AERODROME CLOSE ON A FRIDAY EVENING, NA SO POLICE STOP US O,ASK WHERE LICENSE WE SHOW THEM,ASK WHERE EXTINGUISHER,WE SHOW THEM,ASK WHERE SPARE TYRE,WE SHOW THEM,THEM.COME ASK WHO GET HP pavilion LAPTOP WEY DEY BACK SEAT,MY FRIEND SAY NA IM OWN,DEM SAY DEM ONE SEARCH INSIDE THE LAPTOP ,NA MY FRIEND SAY NO,NA THEM SAY MAKE WE COME DOWN,ME AND MY FRIEND BEING GOOD GUYS IN THE NEIGHBORHOOD RAISED OUR VOICE NA SO BOYS FALL OUT ,POLICE NO FIT TALK AGAIN.RUBBISH PEOPLE
Police for benin too dey disgrace demselves oo,person no fit drive again because of dis harrasment,anyway d mata be say na where deir wisdom reach na there boys own for start.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 5:08pm On Sep 22, 2016
sybarite7:
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
Did u see d word "Indiscriminate"?
I know d IG cannot prohibit checking of phones because it is lawful. It is lawful for a police officer to stop and search anyone he/she suspects.
I will check ur phones if I suspect u to be a fraudstar, especially when u appear like one
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 5:11pm On Sep 22, 2016
Kay17:
wouldn't it be paranoia to consider every Nigerian a suspect? And if it's paranoia then it can't be reasonable
theres always a reason for suspicion. It can be body language, appearance , movement, smell etc
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Rozaystunna(m): 5:14pm On Sep 22, 2016
Fukk 12 angry angry angry angry
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by waltinnovers: 5:16pm On Sep 22, 2016
Yes and no, yes if they have their guns with them and no if they don't have their guns with them because average nigeria police officer can shoot you dead because of 20 naira and look for a goun and drop by your side.

I fear them the way I fear high tension wire



Dandsome:
Hello guys, this issue is what we must have heard of and some even experienced first hand. I`m talking about the issue of Nigerian police going through one`s phone and laptop.

Its a norm especially in Lagos that once a police man sees you and remembers that he is broke, he`ll call you and the first thing is to seize your phone and then start going through it to know if you`re a "yahoo" boy or girl.

Sometimes you`ll even have to bail your self and your phone if he doesn`t understand or know a particular application in the phone (There was a story on FP one time about how a boy`s phone was seized cos he had an app he uses in doing his online business).

Apple has released the iPhone 7 and also Samsung has released theirs too. these phones are quite expensive and with the current economy it`ll take a whole lot of sacrifice to buy one of them. When they get into the country, and people start buying them, will the police now term any young guy who buys it and term him a "yahoo" person?

Tecno is also about to release the Phantom 6 and Phantom 6+ which should be much more affordable. Now if I buy either the iPhone 7, or the samsung or any of the Tecno phantom series, and the police one day stops me and want to search my phone, do I have the right to tell them NO??

Now this brings me to the question; DOES THE NIGERIAN POLICE HAVE ANY CONSTITUTIONAL RIGHT TO GO THROUGH ANY CITIZEN`S PHONE OR LAPTOP WITHOUT A WARRANT? especially when there isn`t an on-going investigation.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Goddys(m): 5:17pm On Sep 22, 2016
orisa37:
No such rights. Until it's needed in evidence in Court, anything you say before then might be used in evidence against you. So keep your smartphones away from Police.
You don't get it..Are u going to fight with a red-eye officer with Ak47 to wrestle your phone from him? If he takes the phone by force,raise alarm that he wants to take your phone and get some witnesses there who will corroborate your claim in court. Any evidence obtained as a result of inducement, coercion, torture, undue influence etc is no evidence in law. Even if documents of illegal arms supply is obtained as evidence from your phone,it is no evidence and the court will quash it, and it cannot be used again to prove the same fact as before.
Never wrestle with any man with gun. Life has no duplicate.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by derolemode(m): 5:23pm On Sep 22, 2016
Dandsome:
Hello guys, this issue is what we must have heard of and some even experienced first hand. I`m talking about the issue of Nigerian police going through one`s phone and laptop.

Its a norm especially in Lagos that once a police man sees you and remembers that he is broke, he`ll call you and the first thing is to seize your phone and then start going through it to know if you`re a "yahoo" boy or girl.

Sometimes you`ll even have to bail your self and your phone if he doesn`t understand or know a particular application in the phone (There was a story on FP one time about how a boy`s phone was seized cos he had an app he uses in doing his online business).

Apple has released the iPhone 7 and also Samsung has released theirs too. these phones are quite expensive and with the current economy it`ll take a whole lot of sacrifice to buy one of them. When they get into the country, and people start buying them, will the police now term any young guy who buys it and term him a "yahoo" person?

Tecno is also about to release the Phantom 6 and Phantom 6+ which should be much more affordable. Now if I buy either the iPhone 7, or the samsung or any of the Tecno phantom series, and the police one day stops me and want to search my phone, do I have the right to tell them NO??

Now this brings me to the question; DOES THE NIGERIAN POLICE HAVE ANY CONSTITUTIONAL RIGHT TO GO THROUGH ANY CITIZEN`S PHONE OR LAPTOP WITHOUT A WARRANT? especially when there isn`t an on-going investigation.
Firstly, you are innocent until proven guilty. They are the one to prove you guilty and not you trying to prove your innocence
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by sybarite7(m): 5:28pm On Sep 22, 2016
SUPOL:
Did u see d word "Indiscriminate"?
I know d IG cannot prohibit checking of phones because it is lawful. It is lawful for a police officer to stop and search anyone he/she suspects.
I will check ur phones if I suspect u to be a fraudstar, especially when u appear like one
THANK YOU SUPOL, AM A WELDER BY PROFESSION ,JUST GRADUATED, MY MAIN AIM OF GOING TO SCHOOL IS TO ACQUIRE WEALTH LEGALLY NOT THROUGH ILLEGAL MEANS,SO U CAN'T FIND ANYTHING ILLEGAL ON ME SIR...
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by sleazy5(m): 5:38pm 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.
I beg to differ.

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by sybarite7(m): 5:43pm On Sep 22, 2016
SUPOL:
Did u see d word "Indiscriminate"?
I know d IG cannot prohibit checking of phones because it is lawful. It is lawful for a police officer to stop and search anyone he/she suspects.
I will check ur phones if I suspect u to be a fraudstar, especially when u appear like one
37. The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected ,PLS SIR CAN YOU EXPLAIN FURTHER
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Austin2377: 6:04pm 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
no be lie the whole stuff is tiresome
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 6:05pm On Sep 22, 2016
goldenceo1:
Afta every MD always delete d work app. #rule101. Na God dey save man oh
that time job dey go and to dey Comot app put again
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by fellom(m): 6:06pm On Sep 22, 2016
sybarite7:
NO THEY DON'T, ITS ILLEGAL AND EVEN THE IGP TERMED IT ILLEGAL... YOU HAVE A RIGHT TO CHALLENGE THEM ,BUT NAIJA NA NAIJA DEY WILL STILL COM UP WITH DIFFERENT STORIES JUST FOR YOU TO BAIL URSELF OUT
I think you really know these people they will only indict the person to no reason just to justify their Action. there are even some operating round Guinness,Oba akran and Okekoto area of lagos state at night once you argue with them na slap. and all they want is money but if you dont wanna give they will tell you YOU KNOW WE ARE POLICE AND WHATEVER WE TELL THEM IN STATION IS WHAT THEY WE ACCEPT. So by then you will have no option than to give in unless you want them to incriminate you which maybe very difficult to come out clean from since you have no witness. so na only devil go fit punish such low life officers
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by MistadeRegal(m): 7:15pm On Sep 22, 2016
Nigeria… Land of all news and incidences. Laptop understandable but phone! Huh!! It is not constitutional for a police officer to go through anyone's phone except on investigative purposes.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Proudlyngwa(m): 7:39pm On Sep 22, 2016
bashbanks:
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
Unbelievable
Ayam finis
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17:
SUPOL:
theres always a reason for suspicion. It can be body language, appearance , movement, smell etc
The law tries to make a delicate balance between citizen's rights to be left alone and security concerns which safeguard the rights of the citizens. A dead citizen can hardly enjoy rights therefore the balance calls for reasonable suspicion.

It is not probable suspicion that could be right but suspicion led by tangible evidence.

Ordinarily a search warrant must be procured for a search but where time of the essence that process can be bridged but nonetheless the same standard a magistrate or judge uses to grant a warrant applies here.

A judge would not grant a search warrant because the supposed accused is sagging
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Tolzeal(m): 8:03pm On Sep 22, 2016
LordPherule:
That embarrassment is rampant in Osogbo area of Osun state. Whew!
Are u serious ?
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody:
.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by amdoyin82(m): 8:34pm 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
hmmmm! May God intervenes in ur friends case. Nigeria police are one hell of people I fear most. One just need to thread gently wit dem.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by amdoyin82(m): 8:37pm On Sep 22, 2016
ramdris:
Unless with court order... The problem with our Police Officers is that once you are young and looks okay, they will just assume you are into illegal stuffs and that can be very annoying...

I can't count the number of times those guys have stopped me while driving and ask " what kind of job are you into "? angry.
and wat did u tell them? Wat was their responses/reactions??
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 8:38pm On Sep 22, 2016
PHboii:
I'm very sure u are part of this country's problems.....I guess u r a policeman and u don't know what the law u are supposed to enforce says...so pathetic
Shut ur mouth!
What does d Law say?
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by sybarite7(m): 8:43pm On Sep 22, 2016
PHboii:
I'm very sure u are part of this country's problems.....I guess u r a policeman and u don't know what the law u are supposed to enforce says...so pathetic
.

"Indiscriminate" means ,done at random or without careful judgement. am still wondering why he asked if I saw the word ...
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by DavidEsq(m): 9:22pm On Sep 22, 2016
Goddys:
I can assist if you can afford the legal fee. The only people police are afraid of are lawyers. Don't fight or cry, just get a lawyer. I'm not yet called to bar but I can get him out if he has not implicated himself by attesting to statements written by those crook officers.
Well, even if he does, we may claim that he is coerced or induced to append his sign on the statement.
Fear lawyers when you see one that is sound..
Sori, I ain't the client.
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