this post was submitted on 24 Jul 2026
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He would have had a lot better legal leg to stand on I think if he had just refused to give them any passcode. Now instead of a potential case of being forced to compel speech, he is facing what will be argued is an attempt to destroy evidence. His defense in the former is probably a lot stronger with the former than the latter.
Does it count as destroying evidence if they don’t have a warrant for it? I can destroy whatever device or document I want. It’s my property
Not once law enforcement tell you it is relevant to an ongoing investigation.
To charge someone with destroying evidence wouldn't they first have to somehow prove the evidence existed?
No they would have to prove that what was on his phone was evidence in the first place. Which is why arrest and search warrants list all kinds of potential evidence and if it isn't listed in the warrant they can't collect or use it against you.
I'm not exactly sure how this works during a border patrol search. It's technically his phone and if it's locked they would need his permission or a warrant to search it.