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Joined 3 years ago
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Cake day: July 7th, 2023

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  • You seem to have zero knowledge on the subject, so let me educate you a lil bit:

    Data isn’t treated like physical evidence.

    Drugs and weapons are physical evidence.

    US laws do not cover any protections of ephemeral (non-physical) evidence pertaining to crimes committed ex post facto: meaning law enforcement is not privy to any and all collection of said data if not in scope for a crime committed, unlike…PHYSICAL EVIDENCE.

    You can see drugs. You can hold drugs. Law enforcement can make a reasonable assumption that someone shooting a gun in public is breaking the law and seize that gun, because they are actually breaking the law (juris laws dependent) by firing the gun.

    If suddenly our laws allowed the assumption that whatever exists on a phone for a random person in public contains something related to a crime, police would be able to stop anyone and everyone on the street everywhere and take their phone or data for simply thinking every person is suspicious. This is why the 4th amendment exists, and why police are enot allowed to do such things. His is why warrants are a thing.

    Read up.








  • Search is not the same thing. Search means they CAN legally search. It absolutely does mean that wiping your phone prevented, obstructed, or obscured a SEARCH. Search all you fucking want, that data is gone. It’s not retroactively comparable.

    That being said, had there been a judge that said “You can’t wipe your phone, because you are being charged with a crime, and we believe there is evidence of this crime on your phone, and here is why…”

    Way different, and these laws only exist to prevent law enforcement from being caught in a cyclical legal roundabout in court related to the 4th amendment, and even then, many defense lawyers get “gray area” material data evidence thrown out because of Miranda Rights, or illegal searches by law enforcement of data harvested when the defendent was not properly advised or advocated for their ability to refuse.

    Murderers get off for this shit because Cops get overzealous and don’t follow the letter of the law or chain of custody in evidentiary collection.