Y Boys! How to stop police from searching your phone without a warrant

In her words, 'Your phone is private, it's your private property because people do alot of private stuffs on their mobile phones so it's wrong. Police officers have no right to do that except there is a reasonable ground to do so'. The fact that there is a clause in the words of the Lagos State Police PRO, Dolap Badmus, has only added up a lacuna in everything she had said.


In some places in Lagos State like FESTAC, Ogudu etc once a police officer sights a guy with gold chains, big designers wristwatches, crazy hair do, they stop and search them especially their phones. What they are looking for, i do not know.

Nigerians need to know what that reasonable ground is. Do they ask the police for a warrant to search? What prove does a policeman has that is so reasonably on first instance to search ones phone.

Modern cellphones are not just another technological convenience With all they contain and all they may reveal, they hold for many  ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.”
For police who feel they need to have access to a suspect's device, Get a warrant.”

So, what is a law-abiding citizen like yourself supposed to do if an officer tries to snoop on your phone without a warrant? Here's what.
Aside keeping implicatory phones and laptops at home and move around with 3310 or torchlight, do these to avoid being brutalised by some robbers in police uniforms.

Smartphone lockdown
The absolute best way to protect your phone from police inspection is to keep it locked with a passcode, which will keep an officer from rummaging through your Facebook photos as you stand beside him in handcuffs.
The police may take your phone, may try to look at it unconstitutionally, but they won't be able to.”

Deny consent, but respectfully or playfully.

If you forgot to lock your phone (or just didn't feel like it), the next step you must take is to “calmly and respectfully tell the officer that his search is in violation of your right to  privacy enshrined in the Nigerian Constitution. Do not quote too much.

If you’re not under arrest, then definitely don’t consent
 If you're not under arrest—say, you just got pulled over for a blown tail light—then you have absolutely no obligation to consent to a search of your phone, your car, or your person. In fact, , the police “are even less allowed to search the phone.”
If they have evidence that you've done something, they can bring that evidence to a judge and get a warrant.

Don’t get physical
If an officer decides to search your phone despite your clear expression that you do not consent, your best option is to let him do it, and leave whatever fight may come to the court room. And whatever happens, do not physically resist an officer or attempt to physically stop the search.”
“You're in an arrest situation—you have no power. And you're just going to make the situation worse if you try anything like that You basically have to wait for the courts to 'fix' any injustices that have taken place.”
“certainly take note of who the officers are that are conducting the search, vehicle numbers, codes etc and then consult with a lawyer. To avoid further encounter.

There’s always a catch
Despite the strong privacy protections established in the constitution, police still have the right to search your phone without a warrant in a few certain scenarios known as “exigent circumstances as Lagos State PRO had earlier said and This includes, for example, the abduction of a child, when police suspect a person is in imminent harm, or “some imminent threat of evidence destruction, its not like a carte blanche rule. In those instances, there's simply not much you can do.
Fortunately for us all, those kinds of circumstances should be very rare.

Always Dress Well Even If You Hit A Target (you know yourselves and you know what i mean)...

If you have further questions about your rights during encounters with police officers, or questions that dive into many of the main questions citizens have about what they can and cannot legally do when confronted by law enforcement send us an email.

Anyone with additional or better ideas?