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E: but seriously, what happens to non citizens. What happens if you bring a burner/wiped phone? I assume digit forensics can confirm it was pre wiped but what's topping them from alleged you wiped on US soil.
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That is a most interesting and underrated point.
It doesn’t matter where he was when he deleted the data. He could be in China, it’s still a crime in the us to destroy evidence wanted by American authorities.
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That is a most interesting and underrated point.
It's a fairly shallow point that ignores how laws work. The premise that the law doesn't apply because you're not in the country is false. The constitution applies generally everywhere to all Americans, it's just that what's regarded as reasonable differs during a border search. IANAL, so just my lay opinion on this. Just to validate this, it's only because the constitution exists that the border authorities have any…
I don't get the legal contradiction. The search is supposed to be lawful without a warrant because you're not really in the US yet per-se, hence if you're not there, how deleting the data can be a felony?
I think you legally are in the US while at an American border crossing - at least if the crossing is on US land, which it was in this case. It might be more complicated for preclearance spots. It's just that normal rights are suspended there despite being in the US, even for citizens. Make of that what you will.
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It doesn’t matter where he was when he deleted the data. He could be in China, it’s still a crime in the us to destroy evidence wanted by American authorities.
You're speaking nonsense since there was no charge or warrant against him. People are free to use their phone for f sake.
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It's a fairly shallow point that ignores how laws work. The premise that the law doesn't apply because you're not in the country is false. The constitution applies generally everywhere to all Americans, it's just that what's regarded as reasonable differs during a border search. IANAL, so just my lay opinion on this. Just to validate this, it's only because the constitution exists that the border authorities have any…
Huh, that is inconsistent. The problem with your comment is noted right here: https://news.ycombinator.com/item?id=49390318
> On or about January 24, 2025, in the Northern District of Georgia...
[1]: https://storage.courtlistener.com/recap/gov.uscourts.gand.35...
But in general, the thing to note here is that the 4th amendment is always applicable and in force. It's how it's interpreted that changes depending on the circumstance.
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>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.
> He was charged for destroying evidence, not refusing a search Evidence with regard to which investigation?
Would it be permissible to wipe your phone before going through customs to get back into the US? If they ask to search your already wiped phone, you aren’t destroying any evidence.
There are apparently problems with wipe/restore under GrapheneOS: https://news.ycombinator.com/item?id=49060780 > (From the HN GrapheneOS account about a month ago.)
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.
but that's not the point, the point is to not wind up in court by presenting a phone that no long contains evidence but seems plausibly like your phone so doesn't arouse suspicion