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Man Charged for Wiping Phone Before CBP Could Search It (404media.co)
12 points by q3k 8 days ago | hide | past | favorite | 3 comments




Charged… with what?? Unless there is a warrant for the phone, specifically or inclusively with other electronic devices, there is no crime in wiping it. It’s your phone, to do with however you want.

The first reference in the article answers that:

  THE GRAND JURY CHARGES THAT:

  On or about January 24, 2025, in the Northern
  District of Georgia, the defendant, SAMUEL
  TUNICK, before and during the search for and
  seizure of property by Customs and Border
  Patrol Tactical Terrorism Response Team
  Supervisory Officer L.C., a person authorized
  to make such search and seizure, did knowingly
  destroy, damage, waste, dispose of, and
  otherwise take any action to delete the
  digital contents of a Google Pixel cellular
  phone, for the purpose of preventing and
  impairing the Government's lawful authority to
  take said property into its custody and
  control, in violation of Title 18, Untied
  States Code, Section 2232(a).
18 USC 2232 is “Destruction or removal of property to prevent seizure”: https://uscode.house.gov/view.xhtml?edition=prelim&req=granu...

IANAL, but this sounds like being charged for flushing your cocaine stash down the toilet while the cops are trying to bust down your door...except cocaine is illegal, whereas a cell phone isn't. So, beats me. I'd love to hear an actual lawyer's opinion.



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