> But this guy catching felony charges for giving federal border police a duress PIN to wipe his phone when they asked for an unlock PIN? Not actually overreach.
I think it's an interesting case that will get litigated in the courts. It seems they'll have to prove that the phone contained "evidence"; it could have just had embarrassing personal photos that he didn't want shared. When a house is raided and someone flushes a toilet, can courts assume they flushed drugs, or does that have to be proven?
I hope he's found not guilty, but either way this definitely is not the "sky is falling", "we're almost a police state" case that folks here are making it out to be. It's a very narrow and novel line.
> When a house is raided and someone flushes a toilet, can courts assume they flushed drugs, or does that have to be proven?
Game it out at the systems level. If the prosecution had to prove beyond the shadow of a doubt that what was destroyed would have been evidence, then destruction of evidence would be functionally permissible whenever done competently.
> ...either way this definitely is not the "sky is falling", "we're almost a police state" case that folks here are making it out to be. It's a very narrow and novel line.
Agreed. And activists should generally work with lawyers in order to be familiar with areas of the law they are likely to encounter in the course of their activism. Especially activists who travel internationally.
> then destruction of evidence would be functionally permissible whenever done competently.
Well yes, but ... is that not the case? Game out the opposite. If the prosection doesn't have to demonstrate that something was valid evidence beyond a shadow of doubt that's rife for all sorts of abuse.
In general I don't believe I can catch a (legitimate) felony for locking myself in the bathroom and flushing the toilet during a police raid.
> In general I don't believe I can catch a (legitimate) felony for locking myself in the bathroom and flushing the toilet during a police raid.
Most juristictions have a duty to preserve or not to spoil evidence once you are clearly detained or a search is clearly imminent (i.e. the police are knocking on your door), or when litigation can be reasonably anticipated. Behavior like locking the door and then burning/shredding papers, wiping a phone, or even flushing a toilet can absolutely be considered destruction-of/tampering-with evidence past that point, even (and especially) if the evidence is impossible to recover.
So it turns out destroying a record to obstruct an investigation is also a crime under 18 U.S. Code § 1519. For that they wouldn't need to prove that it was "evidence" or even that it was relevant.
So as much as I sympathize with the guy a d wabt to cheer him on, he's probably screwed.