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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: albaby1 SILVER
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Number: of 84361 
Subject: Re: Five years for wiping your own phone
Date: 07/30/26 4:41 PM
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This is the part I disagree with. What "evidence" were they seeking? Evidence of what? Specifically?

It doesn't have to be "evidence." If the government is conducting a search of something (or seizing something), and you destroy it in order to prevent them from taking the property under its custody or control, then you've violated the statute. Arguably. Here's the text:

§2232. Destruction or removal of property to prevent seizure
(a) Destruction or Removal of Property To Prevent Seizure.-Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.


uscode.house.gov: 18 USC 2232: Destruction or removal of property to prevent seizure

The statute doesn't require that the thing being destroyed is "evidence" of anything - just that there was a government person who was authorized to search or seize the thing, and you destroyed it in order to prevent them from taking the thing into their custody or control. That itself is prohibited by statute.
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