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Could you get charged with destroying evidence if you provided the duress password wiping the device when asked for a password ? You technically followed order
by hollow-moe 9mo ago
Could you get charged with destroying evidence if you provided the duress password wiping the device when asked for a password ?
You technically followed orders and didn't even touch the device.
- yxuc77 9mo agoYou can get charged with and convicted of anything, even wrongfully. Welcome to life in the human realm.
- nerdsniper 9mo agoYes, that would be "spoliation of evidence" and probably "obstruction of justice". Also, I believe duress passwords are only a "thing" on GrapheneOS, not iOS or stock Android.
- cyberax 9mo agoNope. It's not your duty as an accused to care about evidence in a criminal case. And unlike a witness, you can legally lie and mislead officers.
- refurb 9mo agoYou may not think it’s your duty but the courts do and will happy lock you for it.
- 15155 9mo agoFederal ones, no: https://www.law.cornell.edu/uscode/text/18/1001 https://www.law.cornell.edu/uscode/text/18/1001
- Ms-J 9mo agoThis. If what you are being charged with carries a larger penalty than simple perjury or destruction of evidence, it makes complete sense to do techniques such as this. Perjury is one of the harder and least prosecuted charges in the USA. An example from people that I know who have gone through the corrupt courts more than once said the feedback from the last case was the prosecutor felt like a fish flopping outside of water. The court stands no chance when someone uses techniques that require the government agencies to use their secret programs and tactics. They will rather drop and lose the case. Most of the time they are also extremely incompetent when it comes to technology and have to hire many outside consultants, which gives you more chances to fight. An easy win for the citizen.