According to the article, he was actually using GrapheneOS and gave the border official the Duress PIN. So I guess technically it was the official that erased the data :-)
I don’t think that would fly as a defense in court.
Felony charges for citizen deleting phone data at US Border
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Re: Felony charges for citizen deleting phone data at US Border
#32Earlier quoted context omitted.
Oh, they may well give you bad time if your phone looks like a burner with too little content.
If you are a citizen like this person is then you can tell them to fuck off, they can keep the phone, and they have to let you in.
They have to let you in. Doesn't mean they have to let you roam the country freely. They can just send you to some form of detention.
Re: Felony charges for citizen deleting phone data at US Border
#33If the government wants you no amount of technical gotchas will prevent this.
Re: Felony charges for citizen deleting phone data at US Border
#34Yet another case that will waste the court's time and money. All this is doing is keeping defense lawyers pocket's lined. At this point, people should buy a burner phone when going to/from the US. In that phone only have a couple of phone numbers and that's it.
Also, you might accidentally drop your burner in the lake/ocean before you return. It happens!
Re: Felony charges for citizen deleting phone data at US Border
#35Earlier quoted context omitted.
Knowingly providing a PIN that would erase evidence is going to get tough in court. But the man was also hated by the cops because of his activism. They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up.
Evidence of what?
Whatever they claimed they needed access for his phone to. Probably nothing serious that would be worth more than a fine, if anything. But now they've got him for deleting evidence, which is pretty bad.
Re: Felony charges for citizen deleting phone data at US Border
#36Yet another case that will waste the court's time and money. All this is doing is keeping defense lawyers pocket's lined. At this point, people should buy a burner phone when going to/from the US. In that phone only have a couple of phone numbers and that's it.
Oh, they may well give you bad time if your phone looks like a burner with too little content.
They won't unless you are already on "their list" My phone basically looks like a burner phone, I do not use social media, do not install apps, my iphone fits (with room to spare) all "apps" on a "single page." I just call and text from my phone and have a browser and maps and that is basically it.
Re: Felony charges for citizen deleting phone data at US Border
#37Legal Eagle just covered this, it's quite interesting analysis: https://www.youtube.com/watch?v=_2rokxux5cU
Not even a minute in. "Oh, he's protesting Cop City, got it. This is just police harassment."
Re: Felony charges for citizen deleting phone data at US Border
#38According to the article, he was actually using GrapheneOS and gave the border official the Duress PIN. So I guess technically it was the official that erased the data :-)
I don’t think that would fly as a defense in court.
He’ll just have to pray the scene wasn’t recorded and his real PIN was one digit off
Re: Felony charges for citizen deleting phone data at US Border
#39Amendment 4: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Amendment 5: "..nor shall be compelled in any criminal case to be a witn…
>Amendment 4: He was charged for destroying evidence, not refusing a search >Amendment 5: Destroying evidence isn't testimony. Moreover he would have been in the clear if he just kept his mouth shut.
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Re: Felony charges for citizen deleting phone data at US Border
#40Earlier quoted context omitted.
Knowingly providing a PIN that would erase evidence is going to get tough in court. But the man was also hated by the cops because of his activism. They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up.
> They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up funny reading this (don't disagree) and then also reading on HN how China is "bad" this is some gestapo shit but not surprising that it is getting normalised ...
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