No. of Recommendations: 1
They do have to prove it, but they can prove it using circumstantial evidence. Namely, that literally no one bothers to carry their own personal cell phone with zero personal data on it - ever. So that the only reasonable inference from the fact that the cell phone had no zero personal data on it after the agents were given the code was that the owner did, in fact, utilize the "wipe" code function that the OS had.
And what if this person had opted to instead ship their phone - unwiped - prior to boarding the plane? He then chose to carry a different "travelling" phone with barely any personal data on it when journeying back to the U.S.
Is the argument that no normal - non guilty - person would do this and does this then provide reasonable inference that the person must have incriminating data on the phone that they shipped, which is thereby subject to seizure in transit?
