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> It's worth noting wiping a device shortly before an anticipated search could also be considered destruction of evidence in the same way. Look, if we are talk

> It's worth noting wiping a device shortly before an anticipated search could also be considered destruction of evidence in the same way. Look, if we are talking about a warranted search in the US then I'd agree with you. However, the entire point of CPB's unwarranted search authority is to stop contraband from coming in. This would be like arguing that throwing away materials illegal in the US before boarding a plane is destruction of evidence. Like, even if we assume exactly what CBP's claim is true, it was to stop CSAM. And the person had in fact had CSAM. Destroying the CSAM before getting to the US would be legal even though the US doesn't like it. Further, if the data is actually backed up, then you haven't actually destroyed it and CBP or another agency can provide you with a search warrant for what they are looking for. But I'd note that this is far outside of CBP's authority. They are for stopping contraband, not FBI work.

voxic11 2mo ago
And this is why he isn't being charged with destruction of evidence. He is being charged with destruction of property subject to a civil seizure. The only reason they can charge him with this is that he destroyed it after being notified that it was being seized. If he has deleted it before then there would be nothing they could charge him with.
- cogman10 2mo ago
  Right, but I think what makes this interesting is the destruction happened only after violating his civil rights. Had they simply seized the device the data wouldn't have been destroyed. He refused to give them the pass code several times before giving them the wiping code. He asked to leave and see a lawyer multiple times, which they refused to provide him with one. They held him, illegally, until he gave them his phone pass code. And the whole reason they wanted in his phone (the real reason) was to figure out who he worked with in the stop cop city protest. That's why he was really targeted in the first place.

voxic11 2mo ago

And this is why he isn't being charged with destruction of evidence. He is being charged with destruction of property subject to a civil seizure. The only reason they can charge him with this is that he destroyed it after being notified that it was being seized. If he has deleted it before then there would be nothing they could charge him with.

cogman10 2mo ago
Right, but I think what makes this interesting is the destruction happened only after violating his civil rights. Had they simply seized the device the data wouldn't have been destroyed. He refused to give them the pass code several times before giving them the wiping code. He asked to leave and see a lawyer multiple times, which they refused to provide him with one. They held him, illegally, until he gave them his phone pass code. And the whole reason they wanted in his phone (the real reason) was to figure out who he worked with in the stop cop city protest. That's why he was really targeted in the first place.