this post was submitted on 09 Nov 2024
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IANAL, but I'd be very careful about wiping the phone like that. Sounds a lot like destruction of evidence...
Gotta prove there was evidence on the phone in the first place, which would take forensic work to do and be not worth the work in the majority of cases
Plus it would annoy them, and that's the real goal here
I imagine that would be one hell of a story to tell Bubba when they decide to lock you away for whatever false charges they can pin on you.
When the cops are about to fuck you like this... Defending yourself is the priority lol wtf clown take is this.
sounds like the point
It's not destruction of evidence though because without a warrant the information on the phone isn't evidence, it's just stuff on a phone. Stuff which is your stuff and you have every right to delete it whenever you want.
They would actually have to arrest you and acquire a warrant, try it to getting you to unlock the phone for it to be "evidence".
The police would have a very hard time in court saying that there was evidence on the phone when they can't produce any documentation to indicate they had any reason to believe this to be the case. Think about the exchange with the judge.
"Your honor this individual wiped their phone, thus destroying evidence"
"Very well, may I see the warrant?"
"Yeah... Er... Well about that..."
It doesn't matter what the police may think you have done, if they don't go via the process the case will be dismissed on a technicality. They hate doing that but they don't really have a choice.
So many words to explain how you literally have no clue about how the law works.
In what way am I wrong then?