3 ms·

Even if it isn't lying, it's destruction of evidence. 18 U.S. Code 1519: > Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or ma

Even if it isn't lying, it's destruction of evidence. 18 U.S. Code 1519: > Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

yosito 5y ago
Would that apply to a warrantless search?
- salawat 5y ago
  Yes. Sadly.
Aeolun 5y ago
> investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States I mean, you’re not seeking to obstruct anything other than a federal agent looking at your personal pictures, which they explicitly do not need to fulfill their duty. Now if you were removing evidence of your crimes. Anyway, I know it doesn’t work that way, but I think it should.
R0b0t1 5y ago
Not clear. You can argue you were afraid for your life or property in the case you did not expect the agent or courts to react reasonably to the now-concealed information. As well, they would need to prove you concealed or destroyed information. Similar case law exists in this context, but for actions like running from the police.
- o-__-o 5y ago
  Do not do this unless you have strict guidance from a lawyer immediately before this happens. One small mistake could open you up to criminal liability and a world of hurt. Better to just plan ahead, bring a burner phone and show the photos to the agent when asked. IANAL but play one on tv
  - deleted 5y ago
    [deleted]
  - R0b0t1 5y ago
    Are you insane? Going along with the courts is usually not in your best interests. Hiding the evidence and never going to trial certainly is. If we are talking about information that you definitely need to hide then the penalty for your obstruction of justice, whatever its form, will be a rounding error on your sentence. If it does not definitely need to be hidden then should they find out they are unlikely to charge you. An attorney will tell you what is legal. An excellent attorney will tell you what you can get away with. Strong language I know, but prisons are full of innocent people.
GoblinSlayer 5y ago
Does it prohibit encryption?
brigandish 5y ago
If they can prove it, you're in trouble. How are they going to prove it?

yosito 5y ago

Would that apply to a warrantless search?

salawat 5y ago
Yes. Sadly.

Aeolun 5y ago

> investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States I mean, you’re not seeking to obstruct anything other than a federal agent looking at your personal pictures, which they explicitly do not need to fulfill their duty. Now if you were removing evidence of your crimes. Anyway, I know it doesn’t work that way, but I think it should.

R0b0t1 5y ago

Not clear. You can argue you were afraid for your life or property in the case you did not expect the agent or courts to react reasonably to the now-concealed information. As well, they would need to prove you concealed or destroyed information. Similar case law exists in this context, but for actions like running from the police.

o-__-o 5y ago
Do not do this unless you have strict guidance from a lawyer immediately before this happens. One small mistake could open you up to criminal liability and a world of hurt. Better to just plan ahead, bring a burner phone and show the photos to the agent when asked. IANAL but play one on tv
- deleted 5y ago
  [deleted]
- R0b0t1 5y ago
  Are you insane? Going along with the courts is usually not in your best interests. Hiding the evidence and never going to trial certainly is. If we are talking about information that you definitely need to hide then the penalty for your obstruction of justice, whatever its form, will be a rounding error on your sentence. If it does not definitely need to be hidden then should they find out they are unlikely to charge you. An attorney will tell you what is legal. An excellent attorney will tell you what you can get away with. Strong language I know, but prisons are full of innocent people.

GoblinSlayer 5y ago

Does it prohibit encryption?

brigandish 5y ago

If they can prove it, you're in trouble. How are they going to prove it?