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theturtletalkstoday at 1:07 AM2 repliesview on HN

Yes this is different than when law enforcement serve a warrant and the defendant wipes his computer before the agents can get a hold of it. In that case the warrant covers what you destroyed as evidence.

Though during traffic stops, if a defendant disposes of his drugs while on the run, that can also carry a charge of destroying evidence even though no warrant was issued.

IANAL


Replies

stemlordtoday at 1:17 AM

Hm but the drugs are only evidence because they're illegal? So the phone owner only destroyed evidence if the phone contained something illegal, but innocent until proben guilty?

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jibaltoday at 3:01 AM

Destroying evidence is a crime, regardless of any warrant.

https://www.law.cornell.edu/uscode/text/18/1519