Sure, but the issue is he didn't delete his data, he deleted a header with a key in it, that's it, just a few MB. He didn't delete hundreds of GB of chats or browsing history, he deleted a key to access it and that key isn't necessarily the only one that can access it. All the stuff they want can still be accessed just fine if another copy of the key exists.

To put it in protective, just opening a web browser or some other app can delete/alter more data than was deleted in this case.

If you are a US citizen, they are not entitled to your unlocked phone. They need a judicial warrant if they want you to unlock your phone with a PIN/password. It is settled case law that that falls under your protections under the 14th Amendment.

They can take it for a "reasonable amount of time" (inconvenience you for a few hours and make you miss your connecting flight) while they copy an encrypted image. They then must return it to you.

But you can't assume someone committed a crime.

And what if he was erasing a steamy affair with a border patrol agent? That's not illegal, but releasing knowledge of it could be damaging to all parties for no reason.

if the only evidence of a crime is on your phone, what kind of crime is it?

we should always be asking: is this the only way you can prove the accusation? just because it would make LEO life easier - that's not justification for violating the constitution.

an consider what this case teaches us: clean up your devices before you cross a border. how does that even help the goal of law enforcement?

Is there any question the person who was baselessly charged with CSAM, then terrorism when they realized it was so obviously untenable, as a pretense to detain him would've been treated differently if he were on a different "side"?

[flagged]