• artyom@piefed.social
        link
        fedilink
        English
        arrow-up
        1
        ·
        2 days ago

        We’re going around in circles here. There’s no way you can know that. There’s no way the court can know that. Because it’s gone.

        • Shayeta@feddit.org
          link
          fedilink
          English
          arrow-up
          8
          ·
          2 days ago

          You NEED to know that before pressing charges. You CANNOT just break into people’s stuff on a whim. What the fuck.

          • artyom@piefed.social
            link
            fedilink
            English
            arrow-up
            1
            ·
            2 days ago

            We’re not taking about breaking into people’s stuff, we’re talking about destruction of evidence. The phone was collected as evidence. Then its contents were destroyed.

            • Shayeta@feddit.org
              link
              fedilink
              English
              arrow-up
              5
              ·
              2 days ago

              The time at which the phone was wiped the phone did not meet the legal requirements to be considered evidence. Therefore wiping the phone at that time does not constitute as destruction of evidence. You are conflating the legal definition of “evidence” with the layman’s definition of “evidence”.

              • matlag@sh.itjust.works
                link
                fedilink
                arrow-up
                1
                ·
                1 day ago

                I think both your points are compatible.

                He’s saying you can’t destroy evidence.

                You’re saying they were no evidence because the charges were made up with nothing to back the suspicion. The system was abused.
                He’s telling you that’s for a court to determine, you can’t just claim it.

                I’m no expert here. Just trying to understand myself.