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Have a question about police and searching of computers

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posted on Apr, 4 2009 @ 12:04 PM
Okay, this is only my 2nd thread so if ive done something wrong please move it or delete it. Thanks.
Before asking my question I have to give you a little background info.
Now my little sis have been getting in trouble lately w/ drugs, stealing ect.. She is 16 and thinks she knows it all. She usually comes down to my house a few days a week for guidance, because our mom has no time for her, and to use the computer, which is in my living room so I can monitor what she is doing. Now the other day she was on her myspace page in her pics section and I noticed there were alot of pics of her using drugs,really bad drugs. When I saw it I flipped out and called my mom to let her know and to tell her she needs to step up and be a mom to her. She completly blew it off. Now a few days later my little sis was arrested and when my mom went to pick her up she mentioned to them about the pics of my sis that I told her of prior. The police told her that they now have the right to search anyones computer when they want and they may want to search mine because my sis uses it. I told her I dont give a s@!## about their rights to search my computer, whatever happen to my rights,and they will have to take it by force because I'm not going to just give it to them. I mean I dont have anything to hide but it just dosent sound right to me.She went back and told them what I said but as of today no one has come asking to search my computer. Now here is my question, do they actually have the right to search anyones computer whenever they want? Have I been living in a hole or something? I really dont want to look like a idiot if they do come to get my computer. So please fellow ATSers, enlighten me, am I wrong?Thanks for taking the time to read this.

posted on Apr, 4 2009 @ 12:11 PM
I'm assuming you live in the USA. Laws vary from country to country, of course.

To search anything, the police need a valid search order, signed by a judge. To get that order, they need some kind of justification and/or probably cause.

You definitely have rights. If police get involved, be polite but require that they show you the relevant paperwork. Don't "cooperate" in the sense of volunteering information, as depending upon their motives, they may interpret your statements differently than you intend.

Also contact a lawyer, for more information, and just to have someone to contact who is familiar with the exact laws in your city/state/country.

Remember, you have no requirement to "help" the police do the jobs. There's an excellent video or two from a Constitutional lawyer that was floating around ATS a few months ago describing exactly that. Perhaps someone can dredge it up and repost it.

To emphasize again, ask an actual lawyer. Don't rely on the Internet for definitive advice.

posted on Apr, 4 2009 @ 12:13 PM
reply to post by Ian McLean

Thanks for the advice, I do live n the US and I have a close friend who is a lawyer. I'll try to get in touch w/ her and ask. Thanks again!

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