Comment Re:If he is found guilty (Score 1) 167
Yet the phone became evidence the moment it was confiscated. It was in the possession of the authorities.
It absolutely is a crime to intentionally destroy evidence. Been that way for hundreds of years.
It's a crime to destroy evidence of guilt and evidence of innocents too.
Until that evidence is deemed not relevant and returned to the owner, it is a crime to destroy it.
But the individual didn't destroy it. The agent did the physical act of destroying it.
Suppose you were at the border with your phone, and the agent confiscated it.
Then the agent had said, how do i get into this phone?
You said, "put it in a blender".
If the agent puts it in the blender, the agent destroyed it, not you.
Now clearly, one would expect the agent to know that putting it in a blender would destroy it.
And equally clearly the inference here is that the agent did not know that the password he was given would wipe the phone as part of opening it. But isn't the onus still on the officer?
If it had been a physical safe, and you gave him the code, but the safe contained something that would self-destruct in exposure to air, and must be opened inside an enclosure with inert gas to get at the contents... who would be responsible for destroying the evidence inside the safe?
As a second scenario, what if you had printed a PIN password on a piece of paper and included that in your wallet. If the agent had confiscated your wallet and discovered the paper; and then used that password on your phone? If that was your duress password, who is responsible for destroying evidence in that case?
Legally, Isn't the onus ultimately still on the agent to apply caution before pushing buttons on a device they confiscated?
To blame you the suspect for destroying evidence on something the agent had custody and full physical control over seems a bit far fetched to me.