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‘The Government Hopes To Set a Precedent’: An Interview With the Man Charged for Allegedly Wiping His GrapheneOS Phone (www.404media.co)

submitted 4 days ago by cm0002@mander.xyz to c/privacy@programming.dev

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The U.S. government has charged Samuel Tunick with allegedly typing in a passcode to wipe his phone before officers could search it. “I hope people understand that the charges against me are meant to intimidate people,” he said.

Just another example of the Trump admin trying to intimidate protestors using whatever the fuck they can to bring up whatever charges they can.

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[–] resipsaloquitur@lemmy.cafe 38 points 4 days ago (3 children)

What’s the charge?

[–] apfelwoiSchoppen@lemmy.world 76 points 4 days ago (1 children)

Destroying evidence, which is funny because that assumes there was any to begin with, which they can't prove.

[–] tyler@programming.dev 36 points 4 days ago (4 children)

That wasn’t the charge. The charge is destruction of property that the government is trying to hold on to.

[–] Dryad@lemmy.world 55 points 4 days ago (1 children)

Which would still be unreasonable search and seizure.

[–] tyler@programming.dev 2 points 4 days ago (3 children)

They were not in the United States and the constitution doesn’t apply at border searches. Their argument is going to be limited to very few things, like “I didn’t destroy anything, the cbp officer did”

[–] justgohomealready@sh.itjust.works 14 points 4 days ago (2 children)

If they were not in the United States so that the constitution doesn't apply, why would the other US laws apply? Makes no sense.

[–] chuckleslord@lemmy.world 9 points 4 days ago

"You see these guns? That's how" - the fascist bootheels at the border

[–] tyler@programming.dev 1 points 2 days ago

Listen, I completely agree. I’m stating what is going to be argued in court.

[–] lambalicious@lemmy.sdf.org 4 points 3 days ago

They were not in the United States

Thus the officer has no rights to confiscate. There, done.

[–] Dryad@lemmy.world 4 points 3 days ago (1 children)

He was in fact in the US when this happened. Also he alleges he wasn’t read his Miranda rights, and there’s a good case for presumption of guilt from the “officers.” Also denied him having a lawyer present before engaging.

[–] tyler@programming.dev 1 points 2 days ago

He hadn’t made it through border patrol. He was not in the U.S.

[–] far_university1990@reddthat.com 16 points 4 days ago (1 children)

But he did not destroy, officer did by type in code he got. His mistake to trust user.

[–] tyler@programming.dev 3 points 3 days ago

I agree. I don’t think the charges will hold for exactly that reason, the device owner didn’t do anything to destroy the device and also didn’t prevent seizure. The CBP still has the device.

[–] apfelwoiSchoppen@lemmy.world 8 points 4 days ago (1 children)

Property is evidence.

[–] Jyek@sh.itjust.works 2 points 3 days ago

Evidence of what? You cannot presume there was evidence unless you can prove there was evidence.

[–] lambalicious@lemmy.sdf.org 2 points 3 days ago (1 children)

Destroying what? The phone is still there, you just have to install an OS in there or something. A charge with "destruction of property" hinges on the assumption that 1.- there was something in there before the passcode (could have been an empty profile) 2.- that was property (corporate interests insist that our data is not ours, so I don't see how the agent can insist here that the user destroyed his own property, at least) 3.- that was destroyed (which relies on proving point 1).

[–] tyler@programming.dev 2 points 2 days ago* (last edited 2 days ago)

Oh I completely agree. I was just stating what the charge was.

[–] clay_pidgin@sh.itjust.works 34 points 4 days ago (1 children)

Eating a meal? A succulent Chinese meal!?

[–] No_Eponym@lemmy.ca 4 points 3 days ago

Get your hand off my penis!

[–] orbituary@lemmy.dbzer0.com 31 points 4 days ago* (last edited 4 days ago)

Having a phone? Having a secretive phone?