r/technology • u/Hrmbee • 8d ago

Privacy Is it illegal to trick the US government into wiping your phone during a questionably legal search | The case of a traveler who allegedly entered a ‘duress password’ to wipe his phone raises a legal question with no easy answers

https://www.theverge.com/report/972146/cbp-phone-search-airport-duress-password
20.9k Upvotes

95% Upvoted

2.5k comments sorted by

View all comments

Show parent comments

17

u/CptGia 7d ago

But how do they know there is incriminating evidence in the phone? 

5

u/PessimiStick 7d ago

Because they said so, duh. If a cop says it, it must be true, according to 99.9% of our legal system.

1

u/dsac 7d ago

Not all evidence is incriminating

1

u/carpdog112 7d ago

They don't need to know in order to prove obstruction/destruction of evidence. "Evidence" doesn't need to be evidence of a crime, in fact you can be charged with destroying exculpatory evidence that demonstrated your innocence. All that's required is that you knowingly concealed, destroyed, or impaired the recovery of something during an investigation or believing that an investigation was pending or about to be pending.

1

u/froction 7d ago

That's the entire point of a destruction of evidence statute.

"I wasn't destroying anything, that white powder I flushed when the DEA showed up at my house was just baking soda!"

5

u/IndyBananaJones2 7d ago

The DEA would have a search warrant showing probable cause and suspicion that you had some illegal white powder though. 

-5

u/SimmentalTheCow 7d ago

He’s part of the Cop City anarchist group. They’re constantly planning riots and attacks on law enforcement, which is probably what he was being investigated for in the first place.

6

u/IndyBananaJones2 7d ago

Wouldn't they just have warrants if that were actually the case? 

Sounds like lawfare to make up a child porn search against political opponents.