The exact circumstances around the search are not known. But activist Samuel Tunick is charged with deleting data from a Google Pixel before CBP’s Tactical Terrorism Response Team could search it.
Yes, if a person in your situation would reasonably believe that it could be used as evidence.
For example, you murder someone with a knife. A reasonable person in your situation would believe that the knife could be used as evidence. So you could be charged for destruction of evidence if they later discover during the investigation that you destroyed the knife. Even if they don’t have enough to pin you with the murder charge, (for example, maybe you have someone willing to help you get an airtight alibi when the murder occurred), they can still hit you with the destruction of evidence charge if they can prove you destroyed the murder weapon.
But, in that case there’s a crime, there’s a body. I don’t think there’s any underlying assertion of illegality here. If this becomes standard legal practice, that it’s illegal to destroy data in general, all paper shredders would have to be thrown out.
Can you be charged with destruction of evidence before you’ve even been charged with a crime?
Yes, if a person in your situation would reasonably believe that it could be used as evidence.
For example, you murder someone with a knife. A reasonable person in your situation would believe that the knife could be used as evidence. So you could be charged for destruction of evidence if they later discover during the investigation that you destroyed the knife. Even if they don’t have enough to pin you with the murder charge, (for example, maybe you have someone willing to help you get an airtight alibi when the murder occurred), they can still hit you with the destruction of evidence charge if they can prove you destroyed the murder weapon.
But, in that case there’s a crime, there’s a body. I don’t think there’s any underlying assertion of illegality here. If this becomes standard legal practice, that it’s illegal to destroy data in general, all paper shredders would have to be thrown out.