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by theandrewbailey 16 hours ago
You put a sticky note with the duress PIN on your phone. When detained, the officer notices a PIN in plain sight on the phone, enters it, and the phone wipes itself. You were never asked for a PIN.

Could you be charged with destruction of evidence?

2 comments

> Could you be charged with destruction of evidence?

IANAL but I expect it depends on whether someone thinks they can prove your intent was specifically to disrupt a (legitimate) search.

To recycle a comment from 2 days ago, regarding why one might reasonably have the duress code written on the phone:

> "Your honor, I have the real pin memorized because I use it all the time, but since I can never use the duress code, I had to keep it somewhere handy."

> Or

> "Pickpocketing and phone-snatching is a real problem overseas, I put it there so that criminal would wipe the phone trying to get in, denying them access to things like my bank account."

> Heck, those aren't just plausible, they might be a good idea.

> they might be a good idea

I know everyone's situation is different, but it is regardless good to keep in mind one is writing a code on their device which will wipe said device, while also intentionally looking similar to a code that would unlock it instead.

Bonus points if they ask if it unlocks the device and you say, "No it erases the data," with a straight face.
Hell, you could truthfully answer yes to that question. The device will be unlocked at the end of the procedure.