That’s not really how the law works. You’re not making a comparable analogy. You sitting at home or in a hotel room is legally not remotely the same as when you’re being actively searched by a federal agent.
This is more like if the a police officer is about to do a pat-down search of someone, and they reach into their pocket, grab something, and rapidly swallow it.
You can destroy your property in normal circumstances whenever you please. If you delete a file in the privacy of your own home, odds are you’re not doing so for the purposes of evading law enforcement. However, if you do it literally seconds before law enforcement is about to get a hold of it, it’s pretty unambiguous that you’re trying to destroy evidence.
That’s the crucial difference here legally. Plausible deniability does not exist when you’re destroying something because a police search is imminent.
I am explaining how the law works and the assumptions behind it. The law assumes that if you were embarrassed about your dick pics, that you would delete those before the officer is right about to search you.
This guy has no fucking idea how the law works. Destruction of evidence requires a primary crime, the one you’re destroying the evidence for. There is no crime, therefore no destruction of evidence. Only an incompetent or corrupt judge would let this even go to trial.
That’s not really how the law works. You’re not making a comparable analogy. You sitting at home or in a hotel room is legally not remotely the same as when you’re being actively searched by a federal agent.
This is more like if the a police officer is about to do a pat-down search of someone, and they reach into their pocket, grab something, and rapidly swallow it.
You can destroy your property in normal circumstances whenever you please. If you delete a file in the privacy of your own home, odds are you’re not doing so for the purposes of evading law enforcement. However, if you do it literally seconds before law enforcement is about to get a hold of it, it’s pretty unambiguous that you’re trying to destroy evidence.
That’s the crucial difference here legally. Plausible deniability does not exist when you’re destroying something because a police search is imminent.
Or maybe you just don’t want some cop to see your dick pics. If they had anything on this dude they wouldn’t have needed to go through his phone.
I am explaining how the law works and the assumptions behind it. The law assumes that if you were embarrassed about your dick pics, that you would delete those before the officer is right about to search you.
The laws assumptions are bullshit.
This guy has no fucking idea how the law works. Destruction of evidence requires a primary crime, the one you’re destroying the evidence for. There is no crime, therefore no destruction of evidence. Only an incompetent or corrupt judge would let this even go to trial.