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Comment by SubiculumCode

15 hours ago

Not a lawyer, but destruction of evidence would only be valid if there was first some reasonable suspicion of a crime? Is that right?

5 comments

SubiculumCode

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3eb7988a1663  14 hours ago

This is my core question as well. At what point do you have to maintain property so the government can use it to testify against yourself?

If I have a dash-cam, and I wipe the SD card, can the government imply that because I erased the card, it must prove that I was speeding? The dash-cam automatically over-writes old footage - perpetually destroying evidence.

Given nebulous cases such as "hacking" a site by looking at the HTML[0], am I destroying evidence of crimes whenever I format my PC? I hope the government requires specific charges and more proof of a crime other than missing evidence. Say I destroy my diary - can the government claim that is the key evidence where I confessed to being the gunman on the grassy knoll?

[0] https://news.ycombinator.com/item?id=28992667

  • whats_a_quasar  12 hours ago

    "At what point do you have to maintain property so the government can use it to testify against yourself?"

    For the duration of the border search. This guy is at risk because he caused the data to be deleted during a border search, when CBP asserts they can legally look. He would have been fine if he deleted data on the plane or after leaving the airport.

    (This is my understanding of the government's position; personally I don't think this prosecution is constitutional)

  • lelanthran  13 hours ago

    > If I have a dash-cam, and I wipe the SD card, can the government imply that because I erased the card, it must prove that I was speeding?

    If the erasure was a non-automated result of them asking you, and you alone, what conclusion do you think is possible? Probable?