Comment Re:Good thing he wasn't in the UK... (Score 1) 289
What criminal charges can be levied against travelers to the UK who purposely destroy content on their electronic devices?
Schedule 7 Terrorism Act 2000 – Wilful failure to comply / obstruction
Under Schedule 7, examining officers (police or designated Border Force officers) at UK ports, airports, or the border area can stop, question, search, and detain travellers without suspicion to determine whether they appear to be involved in terrorism-related activity. This includes searching electronic devices and requiring access (including PINs/passwords or biometric unlocking).
A person commits an offence if they wilfully fail to comply with a duty imposed under Schedule 7 or wilfully obstruct a search or examination (paragraph 18 of Schedule 7).
Deliberately destroying, deleting, wiping, or otherwise rendering content inaccessible on a device during an examination (or after being required to produce/access it) can be treated as obstruction or non-compliance, especially if it prevents officers from examining the device as required.
Penalty: Up to 3 months’ imprisonment, a fine (level 4 on the standard scale), or both.
This is the most directly relevant statutory offence for actions taken while under examination at the border. Refusing to unlock has led to convictions for obstruction in past cases; active destruction of data would strengthen the case for the same charge.
The thing is, the UK are looking for anything terrorism related... Anything else is fine even if it technically violates another law and even if Border Force enforces that law. In the US they're on the look out for anything, drugs, sex, anything that can be used to hang you with.
Beyond that, anything they do needs to stand up in court and British judges don't give LEOs carte blanche in fact it's quite the opposite. There is a burden of evidence on the prosecution, the whole "I smelled liquor on his breath, I swear it" won't fly in a British court. An accusation requires evidence.
The problem in the US isn't with the written law, it's the immunity given to the enforcers. There's a saying Expats in the Philippines have, "the Philippines has an excellent legal system but a terrible justice system", this means the laws are sound as they were pretty much copied from developed countries back in the 50s and 60s but the courts and police are so corrupt that they never get applied with any kind of fairness. The US is descending into this.
Aslo having your phone searched by border force is rare, never even heard of it happening. In fact it's been years since I've even had to talk to someone whilst entering the UK, ever since they allowed Australian passports to use the E-Gates. there's been absolutely no need for me to interact with them at all and I'm usually kerbside within 30 mins of landing at Heathrow and that includes getting my luggage. You really should travel outside the US to see just how wrong the US has done air travel.