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grueztoday at 12:55 PM7 repliesview on HN

>Amendment 4:

He was charged for destroying evidence, not refusing a search

>Amendment 5:

Destroying evidence isn't testimony. Moreover he would have been in the clear if he just kept his mouth shut.


Replies

hamper653today at 2:04 PM

> He was charged for destroying evidence, not refusing a search

Evidence with regard to which investigation?

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sgctoday at 6:59 PM

It seems like the best course of action would be to argue he did not destroy evidence, just made it unavailable at the location to force the requirement for a search warrant. It would probably be a hard sell, but I can't think of a better argument (not a lawyer).

cube00today at 7:00 PM

> Moreover he would have been in the clear if he just kept his mouth shut.

Although then you get a possible delay of undefined duration, additional questioning and seizure of your device.

fedposttoday at 7:07 PM

Problem is, he didn't destroy shit. "He" (by which I mean, technically the agents) deleted a header that's used to encrypt data but can restored from a backup.

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josefritzisheretoday at 1:05 PM

Evidence of what? Destroying evidence assumes he is guilty of a crime which there be evidence of. Our system is predicated on an assumption of innocence. The normal threshold to accuse is a "reasonable, articulable suspicion." This does not meet that criteria.

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krapptoday at 1:02 PM

"Evidence" of what, exactly? What specific crime did they expect to find evidence of on his phone?

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Vareliontoday at 12:59 PM

[flagged]

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