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I'm curious if/why you think these considerations apply to this situation. This isn't a case of someone routinely destroying data and happening to do so right b

by jmilloy 1mo ago

I'm curious if/why you think these considerations apply to this situation. This isn't a case of someone routinely destroying data and happening to do so right before a border check. Isn't this a case where the person wiping their phone right before a search, or actually tricking border patrol into wiping it, should know he had "a duty to retain it"?

hansvm 1mo ago
Not necessarily, no, it's not clear that the person knew they had that duty. If you strongly believe the search is illegal, e.g. after being denied a lawyer, you might not think you're destroying evidence illegally.