Is it illegal to erase your computer hard drive before LE arrests you?

Hey /r/darknetmarkets, I was wondering about the legality of erasing data on your computer. I have a dedicated computer for Dark Net use, and I have some pretty incriminating stuff on there.

I have a dead man switch installed, which is set to delete everything on the computer if I don't login every 24 hours. Is this okay from a legal standpoint? Could this be used against me if I am ever arrested? Finally, does this qualify as tampering with evidence? Thank you!


Comments


[14 Points] AnonUSCiti:

Haha Thats funny, because they'll trick you into thinking its evidence when its really not. How can they prove a wipe was just initiated without any data on the hard drive? They cant. This is one of the best methods out there.

Its a stale mate when there is no evidence to prove that evidence was wiped.

I must admit, the login every 24 hours sounds like a nice touch. I may have to get that one a whirl. You sound like you're on the right track down the deepweb.

Edit:

Im going to also add, I have my hard disks encrypted before I can even login as my user. Dual layer security is even better. GL getting in.


[4 Points] Vendor_BBMC:

Its illegal to erase it AFTER you've been arrested.

Its ALWAYS before you get arrested, even now is, if you think about it.

Its your computer, you can flipping do what you like with it Like take out the hard drive at night when drugs raids occur.


[2 Points] someguy99mbb:

What software are you using for the dead man switch.


[2 Points] BlueShadesTM:

Dude what if you had a powercut for 24 hours haha? Wouldn't that suck?


[2 Points] young_k:

In my state, in the USA, ughhhh

there is a law called Tampering/Fabricating physical evidence

I've been charged with it before when i destroyed drugs that were in a syringe, and the cop had tried to arrest me, i shot it up while he was watching, that was destroying it....sounds like a BS charge to me, but it was a bitch to deal with.


[1 Points] julesandvince:

Not sure of the legality, but that sounds legit.

Although, using tails would be far more simple, although far less cool, considering you could easily and permanently destroy all evidence by smashing/incenerating a usb drive.


[1 Points] None:

No, but if you do it after they arrest you (ie you know about your dead man's switch and let it go off after you are arrested), then it's called Obstruction of Justice as you are impeding the investigation of a crime.

Also: Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice (wikipedia).

That said, I'd do it.


[1 Points] DYSFUNKTIONAL:

Or you could just use a live cd.....


[1 Points] None:

I don't see the need in this if you encrypt your drive.


[1 Points] guest20253:

Why not just remove the hard drive and keep all your sensitive info on encrypted USB drive, have another one for booting TAILS? So simple. Even if LE take your USBs, I believe they can't ask you for encryptions keys (some countries might have different laws).


[1 Points] FedoraWearingAlien:

Yes obstruction HOWEVER it's better than MANY counts of DOING ILLEGAL SHIT


[1 Points] chefgroovy:

They will probly mirror the drive before even boot it. access it as a non-booting partition


[1 Points] lrpaterson:

It depends. This would actually be something a lawyer would need to answer. Destroying/tampering with evidence is a crime (in most places), however using a dead man type of program to do it for you would be questionable.

The only problem is that a copy of your drive will be made, and that copy will be inspected from another computer without your OS running, hence the script you have in place will not work.


[1 Points] iLoveDNM:

Destroying evidence is a crime in the USA, anyway. Even throwing something legal away can get you obstruction of justice charges, destruction of evidence.

I had a buddy go to jail over swallowing drugs when he got pulled over. Not sure if he could have gotten away with it, he couldn't afford a lawyer and plead to a lesser charge. No drugs were ever recovered from him.


[1 Points] fuckoffplsthankyou:

So, what's to stop me from just taking the drive, making an image of the drive, mounting the image and looking through your disk to my heart's content?

You would be better off using whole disk encryption.


[1 Points] sharpshooter789:

I believe destroying evidence is a felony.


[-8 Points] None:

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