Comment on Man Charged for Wiping Phone Before CBP Could Search It
Imgonnatrythis@sh.itjust.works 4 days agoI’m having a tough time thinking of an example where this makes sense. I guess if there was one incriminating document they had evidence was on your phone and then you wiped it you’d be interfering with the investigation under the assumption there could be more? If they knew a out the one then they would have a copy of it and some proof you have it on your phone. You wiping it doesn’t help you much for that particular crime. If it’s a crime to delete the stuff they didn’t know you had, that sounds ripe for abuse. They could find something banal like a miscompleted tax form and use it to do a deep dive into someone’s entire document library, browser hx, etc. Perhaps I’m on the wrong side of the law on this one, but it seems like the law should favor a right to avoid self-incrimination and a right to protection from unjust violations of privacy. Anyway, while it looks suspicious, couldn’t it just be an accidental data wipe? Cops making accusations against someone could make them nervous, maybe make typing finger shaky and inaccurate. Maybe they could mis-enter their password 10 times in a row and trigger a wipe?
Another case is if they get a warrant for whatever’s on your phone, you knew, and then erased your phone.
Warrants make more sense, because a warrant can be issued just due to probable cause. They need that cause, but that cause doesn’t have to be directly related to your phone. Once you know they have a warrant to search it, you would qualify as “knowingly” altering or destroying evidence.
Erasing one’s phone if you had a warrant for search is exactly what I would advise someone to do. Take your chances the evidence destroying charge over handing over what they might use against you unknowingly. For all I know my stash of articles on the efficacy of vaccines could be deemed contraband in this day and age or perhaps my trans cake fart video library now violates a state law with each video bearing a one year prison sentence. There’s a term for anyone that trusts the US legal system is going to treat them justly and that’s “damn fool”
I agree with the sentiment but not with the advice “commit a felony to avoid maybe getting a felony”. There isn’t a chance you’ll get charged with destroying evidence if they’re already looking at you under a microscope like your hypothetical.
Anyone that concerned needs to just not store sensitive data on their phone, and use a messaging app that doesn’t permanently store messages, either. That way you didn’t erase your phone, AND they find nothing. Attempting to secure your data from the cops while you’re already under the lens with a warrant is far too late.
At this point I think everyone should be concerned. Use encrypted communication as much as possible. I find it really helpful to have my communications saved, so I’m not going to live with the degree of sacrifice needed to be a ghost. I have prey setup for remote wipes and have practiced rapid factory reset wipes locally.
Pika@sh.itjust.works 4 days ago
yea you have it yes, if they have confirmation that you had said evidence, and they were seizing the device to collect more evidence regarding it then it would be obstruction of justice and destroying evidence, but they need to be able to prove that claim. Unless they can prove that claim then it’s an unlawful search (excluding some form of law that they may have at port authorities)
Wolf314159@startrek.website 4 days ago
Those reduced civil rights related to border patrol extend about 200 miles in from every U.S. border.
Jayjader@jlai.lu 4 days ago
As well as 200 miles from every international airport inside the US.