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About subpoenaing the person who the data belongs to, I agree. However, realistically speaking, this is not an effective way to get the data. In my experience,
by dtrizzle 11y ago
About subpoenaing the person who the data belongs to, I agree. However, realistically speaking, this is not an effective way to get the data. In my experience, someone who is about to be exposed and subjected to criminal liability would simply delete the video or remove their access to it.
Note that under 18 U.S. Code § 2704, a related problem is that only governmental entities can require preservation of data.
I have not seen any legal authority for the defense getting a search warrant. If you can find any authority or precedent for that, I would love to see it. It's an awesome idea.
- dragonwriter 11y ago> I have not seen any legal authority for the defense getting a search warrant. I wouldn't expect so, since I proposed creating statutory authority for them as a solution to the problem you described that would seem to be well within the parameters of the Constitution, so that we don't have to sacrifice protection against warrantless searches and seizures by government in order to preserve the rights of defendants to secure evidence for their defense. I'm quite aware that defense-initiated warrants are not an existing thing.
- jacquesm 11y ago> someone who is about to be exposed and subjected to criminal liability would simply delete the video or remove their access to it. Doesn't that count as obstruction of justice?
- wyldfire 11y agoProving that crime would be a great challenge and the defense has little leverage to bring that charge about.
- NeutronBoy 11y ago(IANAL) Probably not if they do it before a warrant is issued.