Post #4152811
2026-07-27 13:50 UTC
@janvlug@mastodon.social To prove the guy destroyed some evidence, the prosecutors must prove some particular evidence was there.
Good luck to finding it on the wiped device!
Replies (1)
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@iampytest1@infosec.exchange 2026-07-28 02:32
@piratzbrna@mastodonczech.cz @janvlug@mastodon.social I am not a lawyer, but I believe that is incorrect. He is charged with violating 18 U.S.C. § 2232(a): https://storage.courtlistener.com/recap/gov.uscourts.gand.351975/gov.uscourts.gand.351975.1.0.pdf 18 U.S.C. § 2232(a) criminalizes knowingly destroying property in order to prevent or impair a search. It does not require there to actually have been evidence of a crime destroyed. "An actor is liable only if he removes or destroys the property with the purpose of preventing seizure. [citation omitted] An essential element of § 2232 is that the defendant have the specific intent to prevent the seizure of the goods" (Gasho v. US.