Mesquite, NV asked in Civil Rights and Constitutional Law for Utah

Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police interactions. However, there are some exceptions to this rule.

For example, if an officer has a reasonable suspicion that you are using your phone to commit a crime, they may be able to take it from you. Additionally, if an officer is conducting a search incident to arrest, they may be able to take your phone as part of the search.

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