Comment on Man Charged for Wiping Phone Before CBP Could Search It
Khanzarate@lemmy.world 4 days agoAnother 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.
Imgonnatrythis@sh.itjust.works 4 days ago
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”
Khanzarate@lemmy.world 3 days ago
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.
Imgonnatrythis@sh.itjust.works 3 days ago
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.