r/AmIFreeToGo • u/Tobits_Dog • 15d ago
Woman Detained At 3AM Because Cops Wanted Her Ring Doorbell Camera [We The People U]
https://youtu.be/Vl6DU-N_5gM?is=cPx1dUAf4Ai6_-biI am dubious that the police had exigency to enter her home without a warrant and to detain her under Terry v Ohio. Even if they could convince a judge in court that they had exigency for the above, they had other, less intrusive means to preserve the data on the phone until they could obtain a search warrant for it’s digital contents. They could have powered to phone off, removed the SIM card or kept it powered on inside a Faraday bag as instructed in Riley v California, Supreme Court 2014.
They might win the exigency argument if there was a missing child or other type of imminent threat to health and safety—but the victim was receiving medical care and no dangerous individuals seemed to be nearby.
I am one who thinks that Terry v. Ohio does not apply to someone who is standing inside their home. Terry is for detainments made in public based on reasonable articulable suspicion that criminal activity may be afoot.
I’m a little surprised that this content creator was so easily convinced that they could have detained her without a judicial warrant by grabbing her from inside her home. She wasn’t suspected of any criminal activity and there was a very low probability that she would delete her own RING data at that hour. Just apply for a warrant and seize the phone, after the warrant is issued, when she exits her apartment.
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u/Tobits_Dog 14d ago
I would take this a step further. Not only do I think that grabbing her out of her apartment, handcuffing her, and opening her phone with facial recognition and pouring through her phone all violated her constitutional rights under the 4th Amendment—they would have only have had the right to engage in a consensual encounter had they initially engaged her as she was, for example, walking up to her apartment building on a public sidewalk—an encounter from which she would have been free to walk away and go about her business.
They lacked the requisite reasonable articulable suspicion that she was involved with criminal activity.
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u/0n0n0m0uz 14d ago
Never open the door to the government
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u/ZestycloseRepeat3904 14d ago
Right?? That’s the whole point of having a ring cam. You can talk to people without actually answering the door!? I can’t tell you the last time I answered my door. Jehovahs Witnesses, Mormons, Politicians, Girl Scouts, no one worthwhile ever rings my doorbell.
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u/dirtymoney 14d ago
still,, I would suggest everyone not even speak to a cop thru the ringcam just to be safe because it gives the cops a opportunity to manipulate you. A cop thinking you are not home IMO is the smartest/safest move.
you cannot lose if you do not play the cops' game.... which is them having access to you. They think you are not at home... they leave. If you deny them what they want when talking to youyou risk further retaliation.
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u/0n0n0m0uz 12d ago
The only time to talk to the government is when you are forced to or you were trying to help somebody else in need at no risk to yourself
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u/apokrif1 12d ago
What about, rather than deny anything, answering you need to talk to a lawyer?
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u/dirtymoney 12d ago edited 12d ago
because cops will not give up once they start talking to you and possibly retaliate later. If they think you are not at home none of that will happen
It is the best way to play it safe for the average person when cops come for a knock n talk
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u/Organic-Stable2523 14d ago
People need to have a us vs them mentality for cops. Not having that makes you extremely vulnerable to tactics such as these public servants.
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u/ZenRage 13d ago edited 13d ago
If police are banging on your door at 3AM, call their dispatch and ask if they have police on the scene.
If they say YES, you can ask the dispatch or watch commander on the phone what the police are there for and if they have a warrant or exigent circumstances.
They KNOW the call is being recorded and are not going to stick their necks out too far by straying too far from the truth.
When they FAIL to say YES to having a warrant and fail to say YES about EC, tell them to leave ("I want all of you to leave right now. Get off my property and do not come back") and that if they refuse you will be filing a trespassing complaint.
If they stay, call the STATE police, file a report, and ask them to send out a State Officer/Trooper/Ranger.
DO NOT ANSWER YOUR DOOR. DO NOT ANSWER QUESTIONS. DO NOT PLAY THEIR GAMES.
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u/dirtymoney 14d ago edited 14d ago
dont answer the door to cops and dont have your phone unlock with your face
cops rely pn people not knowing what to do
I swear, people need to take classes on the basics
At the very least....know who is at your door and do not answer it if you do not know who it is or suspect it may be a cop in plaib clo
Ideally you want to Have a way to see who is at your door without letting that person know that you are home. I mean.... shr had a ringcam FFS! use it
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u/Myte342 "I don't answer questions." 13d ago
There was no exigency. This is a CLOUD camera, all the footage is held by Ring/Amazon servers. There is no on-site DVR to hold footage for them to secure to preserve evidence like a regular CCTV system. And the cops know this because Ring/Amazon bend over backward to give cops all the footage they want anytime they request it.
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u/Darklightmaster 14d ago
Why did she open the door? That is her first mistake.