Re:US citizen charged after GrapheneOS phone wipes during ai...
by kube-system on Sunday July 26, 2026 @10:42PM
(#49064642)
No, destroying evidence is a crime even if possession of that evidence is legal.
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Re:US citizen charged after GrapheneOS phone wipes during ai...
by amrit3128 on Sunday July 26, 2026 @11:20PM
(#49064842)
Who decided that it's evidence?
Re:US citizen charged after GrapheneOS phone wipes during ai...
by __MatrixMan__ on Monday July 27, 2026 @02:13AM
(#49065724)
Law enforcement. That's like, their job.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by bubblethink on Monday July 27, 2026 @03:51AM
(#49066352)
After they get it when they are authorized to get it. You cannot point at random things and call them evidence. For instance, I can take a dump and flush it, despite law enforcement's assertion that my stool is evidence in some imaginary crime.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by kube-system on Monday July 27, 2026 @04:02AM
(#49066460)
It doesn’t have to be something the police have already collected. It could be something that they have yet to collect.
The textbook tampering with evidence example is: drug dealer tries to flush the drugs when the police knock on the door.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by bubblethink on Monday July 27, 2026 @04:13AM
(#49066551)
Yes, when they are authorized to make a drug bust. And that's assuming they catch him before he flushes, i.e., get the drugs. Otherwise, what are they going to say? He is a drug dealer because we heard the flush? Or let's say they are doing a missing person's search and hear the flush. What now? We came looking for a missing person, but heard the flush, so there were drugs whose evidence he destroyed?
Re:US citizen charged after GrapheneOS phone wipes during ai...
by kube-system on Monday July 27, 2026 @04:15AM
(#49066559)
Of course, tampering with evidence is — itself - a crime. And you need evidence to prove that crime.
But yeah, people tamper with evidence because they think they can get away with it. That doesn’t mean they always succeed in cleanly doing it without creating evidence of the tampering itself.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by navigate8310 on Monday July 27, 2026 @04:05AM
(#49066482)
Without even looking if it's worthy of evidence or not?
Re:US citizen charged after GrapheneOS phone wipes during ai...
by kube-system on Monday July 27, 2026 @04:12AM
(#49066543)
Yes, absolutely. Something can be evidence if the police haven’t even seen it at all.
For example: the police think you are running a fraud scheme. They knock on your door. You shred a bunch of paper. The police wanted to see the paper. You have violated the US law on tampering with evidence.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by bubblethink on Monday July 27, 2026 @05:04AM
(#49066913)
The prosecutor can argue that you violated some laws, but they will have to convince a jury beyond a reasonable doubt of that. And they will need a lot more than "I heard the shredder" to convict you. In an overall case, the shredding can be a piece of the puzzle. Shredding, standing alone, is not a crime, nor is shredding as a general matter tampering with evidence.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by kube-system on Monday July 27, 2026 @10:58AM
(#49070640)
Yes, if someone wants to bring charges for evidence tampering, they will be required to collect additional evidence to successfully prosecute that crime. That's how it always works. They might collect fragments of the documents themselves, communications regarding the shredding, etc.
Re:US citizen charged after GrapheneOS phone wipes during ai...
by kube-system on Monday July 27, 2026 @03:51AM
(#49066357)
Evidence is simply a word to describe the artifacts that one wishes to use to support their case. There’s not some gate-kept process to “become evidence”.