San Diego, CA asked in Criminal Law for California

Q: If an officer asks me to put my phone (which is recording) down during an arrest do I have to obey?

Assume I am standing with my hands in the air, not moving. Cops are walking towards me yelling for me to put the phone down. Broad daylight. Cops can clearly tell it is a phone.

I am the person who was pulled over and have not yet been arrested. I have been told to get out of my vehicle with my hands up, and I comply. However, the phone is in my hands recording with my hands up. The cops have not made it clear if I am being arrested. They are yelling for me to drop my phone. Do I have to comply?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info is needed.

Were you a bystander or someone they thought did something wrong.

Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: It would be smart to comply, because if they believe you may throw it at them they will take steps to disable your ability use it as a weapon.

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