Comment by ImJamal
4 days ago
It looks like there are a lot of issues here on the government side, but it also appears like the protestor intentionally gave them a password that, when used, wipes the phone? That seems like a clear example of destruction of evidence.
Evidence of what?
> That seems like a clear example of destruction of evidence
If he was under arrest, sure. The cops claiming this was a routine airport inspection would seem to muddy the waters, at least.
I don't think the crime of destroying evidence / tampering with evidence depends on what your status in custody is. If the police knock on your front door and you start shredding documents, that's still a crime.
Now, could that get tossed about because they denied him access to a lawyer? Maybe, I don't know about that part.
> If the police knock on your front door and you start shredding documents, that's still a crime
Isn’t the relevant bit whether you think you’re doing crimes and/or being investigated?
If I’m shredding while the cops knock on my door because they’re looking for a missing cat, that’s obviously not criminal. (I guess the more-pertinent comparison would be they knock on my door and then I put stuff in the shredder while I check around my home.)
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What if I have a camera/microphone near my front door, that when law enforcement is detected, it auto wipes my data, with no interaction from me?
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Under Georgia law (16-10-94) you do not have to be under arrest.
> A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence
This would be under federal law, not Georgia law I believe. But even assuming it was under Georgia law: it hasn’t been entered into public evidence that the person in question knowingly destroyed anything. It’s entirely possible the phone had nothing of value on it; the prosecution is required to demonstrate that evidence was in fact destroyed or falsified.
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Technically that means the cops destroyed the evidence. Their investigatory department should be savvy enough to avoid destroying evidence.
That is not how the law works. Under Georgia law (GA Code § 16-2-20) it says
> (a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime
>(b) A person is concerned in the commission of a crime only if he: (1) Directly commits the crime; (2) Intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity; (3) Intentionally aids or abets in the commission of the crime; or (4) Intentionally advises, encourages, hires, counsels, or procures another to commit the crime
Seems like this is a clear case to me.
One weird trick to destroy evidence without creating a crime. Cops don't want you to know.
You do not have to give them your pin, by law. They can use biometrics to open your device, which is why you should not use biometrics for device unlocking.
GraphenOS has a couple of settings, a distress pin that wipes the device, and a number of failed attempts that will wipe the device. If the person handed over their "pin", they didn't need to
It doesn't wipe after a certain number of failed attempts but rather the secure element only permits a total of 20 attempts and heavily throttles the rate those can be done. That's a standard feature for Android 16 QPR2 and later for devices implementing the recommendations. The list of devices with it likely currently only includes Pixels but we'll make sure to have it on the upcoming Motorola Mobility devices.
We wrote an overview of the features we provide:
https://discuss.grapheneos.org/d/40700-grapheneos-protection...
GrapheneOS does not offer a feature to wipe the device based on failed attempts.
I thought I read about it in their docs, but perhaps I'm hallucinating that from a forum post requesting the feature.
Why do you think reporters would rather eat a contempt charge vs throwing their sources to the wolves?
It's too bad GrapheneOS doesn't support hidden volumes.
It can't because it runs on phones which only have SSDs which leave forensic traces. They would like to improve deniability but it must be robust, whatever they implement.
Evidence of what?