4 ms·

Right, but in this case, when there isn't a crime. When they're looking for evidence to charge you with or use as a reason to deport or something in that area.

Right, but in this case, when there isn't a crime. When they're looking for evidence to charge you with or use as a reason to deport or something in that area. In that case, can that be construed as Obstruction of Justice?

openasocket 9y ago
> Right, but in this case, when there isn't a crime There wasn't a crime, until you deceived officers. It doesn't matter if you deceived them to cover up a crime, or to protect your privacy, or just for fun, it's still illegal.
- jriot 9y ago
  How is that illegal? They asked for a password to their device. He gave a password which then cleaned the device. For all the authorities know, it was a clean device i.e., brand new. Maybe they enjoy regularly installing new OSs using a clean install. This being illegal is equally as bad them searching devices in the first place without just cause.
  - openasocket 9y ago
    They'd have to prove beyond a reasonable doubt you were tampering with potential evidence to convict you. So they'd have to try and prove in court you gave them a password which cleaned the device. > For all the authorities know, it was a clean device i.e., brand new Just because you can get away with something doesn't mean it isn't a crime. Lying to or misleading investigators is a crime, I don't know how to be more clear than that.
    - jriot 9y ago
      If the password you give them also cleans your device you have given them the password to access your device. How is that lying or misleading? I would argue their invasion of privacy is a crime but no one is watching the watchers, thus these types of measures are going to be used.
      - openasocket 9y ago
        They ask to access your files, and you delete your files. I guess that isn't lying per se, but it definitely is destruction of evidence, which falls under the general heading of obstruction of justice. And before you ask, yes, it is still considered evidence even if there's nothing incriminating there. It is considered evidence because an LEO asked for it as part of an investigation.

openasocket 9y ago

> Right, but in this case, when there isn't a crime There wasn't a crime, until you deceived officers. It doesn't matter if you deceived them to cover up a crime, or to protect your privacy, or just for fun, it's still illegal.

jriot 9y ago
How is that illegal? They asked for a password to their device. He gave a password which then cleaned the device. For all the authorities know, it was a clean device i.e., brand new. Maybe they enjoy regularly installing new OSs using a clean install. This being illegal is equally as bad them searching devices in the first place without just cause.
- openasocket 9y ago
  They'd have to prove beyond a reasonable doubt you were tampering with potential evidence to convict you. So they'd have to try and prove in court you gave them a password which cleaned the device. > For all the authorities know, it was a clean device i.e., brand new Just because you can get away with something doesn't mean it isn't a crime. Lying to or misleading investigators is a crime, I don't know how to be more clear than that.
  - jriot 9y ago
    If the password you give them also cleans your device you have given them the password to access your device. How is that lying or misleading? I would argue their invasion of privacy is a crime but no one is watching the watchers, thus these types of measures are going to be used.
    - openasocket 9y ago
      They ask to access your files, and you delete your files. I guess that isn't lying per se, but it definitely is destruction of evidence, which falls under the general heading of obstruction of justice. And before you ask, yes, it is still considered evidence even if there's nothing incriminating there. It is considered evidence because an LEO asked for it as part of an investigation.