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Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? - Politics (5) - Nairaland

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Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by mastermaestro(m): 9:40pm 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

cheesy

2 Likes

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Donniefred(m): 9:44pm On Sep 22, 2016
That is how SARS stopped me at Ojodu Berger, I was with my laptop, they took me to the station just like that,I no talk.

On reaching there, they emptied my bag, searched my laptop and my phone, they didn't see what they were expecting.

In my bag I had my laptop receipt, the officer aw the receipt and was like:

Oboy na 3 laptop dey for this receipt,
I replied: No sir, na one o
Police officer: na lie.

Meanwhile, this is what he saw on the receipt
Dell Latitude E6400
Core i2 duo 2.8ghz
160 HDD Memory

I don try to control d laff, I no fit, na so I tear laff, police man vex, but it wasn't funny anymore when I was told to pay 10k

4 Likes

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by ISpiksDaTroof: 10:51pm On Sep 22, 2016
Stop hiring and employing complete and stark illiterates to police you

1 Like

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Tbagwell1(m): 11:47pm 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
Sorry about your friend, That accident happened right in front of my house. Pls get a lawyer. That's just the best option right.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by 9icetoo(m): 11:49pm 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
when u suspect someone of a crime, you tell him the crime he is suspected of and process the person. that means taking him to your station, making am entry and processing the suspect. you do not empty my bag on the road side, access my fone which could have very private pictures your eyes shouldn't see without a warrant and go thru my laptop like am a convicted criminal. we have efcc to investigate financial crimes and not police.
I have been reading your posts, sometimes you sound reasonable, sometimes you sound not too smart and emotional.
I know you know your job but unfortunately a lot of you don't and act based on instincts or what you think is right. the British who taught your bosses who in turn taught you this police work will not g through my phone unless a plausible cause has been established in an allegation against me. I would also be duly informed of the need to hand over my phone to aid the investigation. I have the right to say no which will then involve a court giving them a warrant to search my phone. a car was burgled sometime when I was a student and the police came around for investigation.
they knocked and I opened to meet them. I asked them in while they were questioning me and they refused to come in. it was against their code of conduct with civilians. they took my statement right in front of my door and let me be.
imagine if that was in Nigeria, your goons would have bundled me to the station without charge just because I happen to live near a car that was burgled.
you guys really need serious reformation.

7 Likes

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by rio8484(m): 5:28am On Sep 23, 2016
In a list of top professions in Nigeria, policemen are below mechanics in ranking.

2 Likes

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by HighQue007: 8:26am On Sep 23, 2016
fork the popo!!!!

they are just a robber that is armed.. need I say more
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by HighQue007: 8:26am On Sep 23, 2016
fork the popo!!!!

they are just a robber that is armed.. need I say more

1 Like

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by CrownV12(m): 9:15am On Sep 23, 2016
Goddys:
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,
Additionally you have the right to search the policemen that will be searching you or your property first. In order not to deposit incriminating material on you
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by CrownV12(m): 9:25am On Sep 23, 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

Thereby breaching his right to privacy, breaching his right to free movement as guaranteed by the constitution since you have detained his private property as lien for falsely imprisoning him. Checking the phones may only be lawful if there is a warrant obtained from the court of law. A phone isnt a gun... It cannot pose a threat to life.. Why dont you try your luck with a judge and see if he will grant you warrant because you saw a young man that dresses well or has a car. When did these become attributes of fraud?. You want to prosecute financial crimes.. The EFCC want to prosecute financial crime, the ICPC wants to prosecute financial crime.. Why dont you "protect" life and property rather than assault and invade?.. In my opinion checking of personal effects without a warrant is ultra vires.

7 Likes 1 Share

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by CrownV12(m): 9:27am On Sep 23, 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

You expressly promote and claim to indulge in the "indiscriminate" act by this statement.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by southernbelle(f): 10:50am On Sep 23, 2016
Pranxta:
and when they begin to go through your phone...

Hahahahaha that's so me.

2 Likes

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 2:48pm On Sep 23, 2016
CrownV12:


Thereby breaching his right to privacy, breaching his right to free movement as guaranteed by the constitution since you have detained his private property as lien for falsely imprisoning him. Checking the phones may only be lawful if there is a warrant obtained from the court of law. A phone isnt a gun... It cannot pose a threat to life.. Why dont you try your luck with a judge and see if he will grant you warrant because you saw a young man that dresses well or has a car. When did these become attributes of fraud?. You want to prosecute financial crimes.. The EFCC want to prosecute financial crime, the ICPC wants to prosecute financial crime.. Why dont you "protect" life and property rather than assault and invade?.. In my opinion checking of personal effects without a warrant is ultra vires.
My dear if I see u on d road n have a good reason to suspect u of any crime, I will stop u n cause u to be searches thoroughly. How many Law books have u read?
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 2:52pm On Sep 23, 2016
9icetoo:

when u suspect someone of a crime, you tell him the crime he is suspected of and process the person. that means taking him to your station, making am entry and processing the suspect. you do not empty my bag on the road side, access my fone which could have very private pictures your eyes shouldn't see without a warrant and go thru my laptop like am a convicted criminal. we have efcc to investigate financial crimes and not police.
I have been reading your posts, sometimes you sound reasonable, sometimes you sound not too smart and emotional.
I know you know your job but unfortunately a lot of you don't and act based on instincts or what you think is right. the British who taught your bosses who in turn taught you this police work will not g through my phone unless a plausible cause has been established in an allegation against me. I would also be duly informed of the need to hand over my phone to aid the investigation. I have the right to say no which will then involve a court giving them a warrant to search my phone. a car was burgled sometime when I was a student and the police came around for investigation.
they knocked and I opened to meet them. I asked them in while they were questioning me and they refused to come in. it was against their code of conduct with civilians. they took my statement right in front of my door and let me be.
imagine if that was in Nigeria, your goons would have bundled me to the station without charge just because I happen to live near a car that was burgled.
you guys really need serious reformation.
i talk becos I know d law. Please try n get a copy of d police act n regulations and maybe Criminal Procedure Act
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by LordPherule(m): 1:10am On Sep 24, 2016
Tolzeal:



Are u serious ?
Lol
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 1:23am On Sep 24, 2016
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Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 1:26am On Sep 24, 2016
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Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 1:27am On Sep 24, 2016
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1 Like

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 10:43am On Sep 24, 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

What reason?
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by CrownV12(m): 12:25pm On Sep 24, 2016
SUPOL:
My dear if I see u on d road n have a good reason to suspect u of any crime, I will stop u n cause u to be searches thoroughly. How many Law books have u read?
Your reason better me very reasonable. Not the "he's young, he dresses well and he has a car so he is a fraudster" kind of reason your colleagues use to harrass people. You can search me.. Not my phone unless I willingly tender it for a search or you have a warrant. Hope you know i have the right to search you before you search me or my property and if you have to search me.. You will need witnesses, not the magic your colleagues. I really haven't read much but I have read just enough law books to bag me a LLB. I hope you know the police act you're relying upon if inconsistent with the provisions of the Nigerian contitution shall be null and void to its level of inconsistency. The 1999 law affirms my right to privacy so any provision of your police act to that effect is null and void. Some of your colleagues will be using slap to collect phones or break thier phones if they refuse to open it. The police is in a rot to say the truth.

3 Likes

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 12:41pm On Sep 24, 2016
CrownV12:

Your reason better me very reasonable. Not the "he's young, he dresses well and he has a car so he is a fraudster" kind of reason your colleagues use to harrass people. You can search me.. Not my phone unless I willingly tender it for a search or you have a warrant. Hope you know i have the right to search you before you search me or my property and if you have to search me.. You will need witnesses, not the magic your colleagues. I really haven't read much but I have read just enough law books to bag me a LLB. I hope you know the police act you're relying upon if inconsistent with the provisions of the Nigerian contitution shall be null and void to its level of inconsistency. The 1999 law affirms my right to privacy so any provision of your police act to that effect is null and void. Some of your colleagues will be using slap to collect phones or break thier phones if they refuse to open it. The police is in a rot to say the truth.
Yet we have many lawyers like u in it.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by George22016(m): 6:33pm On Sep 24, 2016
ABUZINZU:
chase and USAA app almost put me in those police net thank god say you fit hide app on iPhone


abeg how I fit hide app for iphone
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Nobody: 7:24pm On Sep 24, 2016
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by tdayof(m): 7:12am On Sep 25, 2016
SUPOL:
Shut ur mouth!
What does d Law say?
Sorry bro, are you saying it's legal to search someone's phone without a warrant?
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by tdayof(m): 7:15am On Sep 25, 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
I think A POLICE only has the right to detain you till a search warrant is ready. My dad is a CSP and he frowns at that. Yomi shogunle said the same thing too so I don't get what you are saying.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 8:11am On Sep 25, 2016
SUPOL:
theres always a reason for suspicion. It can be body language, appearance , movement, smell etc

Read section 28 of the Police Act on police search.

Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by kenny987(f): 8:25am On Sep 25, 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.

Actually a policeman can kit knock on ur door and search ur house without a warrant. That may only happen if there is clear evidence that during a live chase of some criminal, d person ram into ur premises. In that case am on the spot search for that person may be conducted. Still d police cannot in that process start going through private documents or electronic gadgets cos d human being he might be looking for cannot enter there.

It's just d lawlessness of the society that makes them officers get away with a lot of crap.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 12:24pm On Sep 25, 2016
Kay17:


Read section 28 of the Police Act on police search.
"in d same manner as he would be authorized to do if he has a search warrant" hope u saw that.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by tosine25: 2:47pm On Sep 25, 2016
SUPOL:
My dear if I see u on d road n have a good reason to suspect u of any crime, I will stop u n cause u to be searches thoroughly. How many Law books have u read?

Pls let Change begins with you SUPOL... Dem poli should go to Niger Delta or da northern part if they really wanna work
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by Kay17: 3:06pm On Sep 25, 2016
SUPOL:
"in d same manner as he would be authorized to do if he has a search warrant" hope u saw that.

But subject to a superior officer's approval. That superior officer is ASP level.
Re: Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? by SUPOL(m): 10:13pm On Sep 25, 2016
Kay17:


But subject to a superior officer's approval. That superior officer is ASP level.
Ofcos

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