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A comment on Should Police Wipe a Criminal's Cellphone Before Returning It?–U.S. vs. Stathas. Parent comment

Re:Should Police Wipe a Criminal's Cellphone Before Returnin... by ErroneousBosh on Monday October 26, 2026 @03:51PM (#50249936)
Ah, see that's what I thought at first.

But then I thought, no, don't delete it.

Because then you can bust them for possessing CSAM again, just about as soon as you hand it over, if you've a suitably vindictive frame of mind, and you've no reason not to.

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Re:Should Police Wipe a Criminal's Cellphone Before Returnin... by malfist on Monday October 26, 2026 @04:12PM (#50250217)
Wouldn't that mean you're distributing CSAM?
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Re:Should Police Wipe a Criminal's Cellphone Before Returnin... by ErroneousBosh on Monday October 26, 2026 @04:41PM (#50250619)
Ah, yeah, it kind of does, doesn't it? That's a bugger.

But then you have to *retain* the CSAM as evidence anyway.

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