Legal and technical question about mobile phones

[Leucosticte]

So my buddy Drake got busted with an allegedly illegal image in the deleted space of his phone. He's been kinda vague on the make, model, and OS of the phone, but it sounds like it's one of the earliest kinds of phones that was able to surf the web. It had some kind of really shitty antiquated browser. https://wiki.francels.com/w/images/f/f6/1.pdf

Anyway, every single case I've seen thus far suggests that having child porn in your unallocated space doesn't count as possession. http://cdn.ca9.uscourts.gov/datastore/opinions/2011/02/08/08-10580.pdf

How is data stored on a phone? I wasn't even aware they had the equivalent of unallocated space on a PC hard drive. Anyway, it sounds obscure enough that he probably didn't actually have dominion and control over it.

 

[Admin]

People like him tend to end up being convicted for something eventually, they will always be able to find something to pin on you if they look serious enough.

https://vintologi.com/threads/elite-rule.24/#post-2253

Even if it wouldn't technically be illegal he is likely to get convicted anyway because he is viewed as a disgusting pedophile.

 

[Leucosticte]

People like him tend to end up being convicted for something eventually, they will always be able to find something to pin on you if they look serious enough.

https://vintologi.com/threads/elite-rule.24/#post-2253

Even if it wouldn't technically be illegal he is likely to get convicted anyway because he is viewed as a disgusting pedophile.

It sounds like he didn't have stuff in his cache, so that probably helps his case. Idk man, sometimes people do get off on a technicality, even if they're pedos. You may have heard about that guy whose sister told the cops she saw CP on his computer, and then he refused to decrypt it; he got released. https://www.techdirt.com/articles/20200210/14173343897/appeals-court-rules-that-people-cant-be-locked-up-indefinitely-refusing-to-decrypt-devices.shtml Someone wrote in the comments:

This dirtbag deserves to rot in jail but not in a way that weakens fundamental rights for everyone else.

That's gotta be one of my favorite quotes ever.

 

[Admin]

They can get you via the psychiatric route if they cannot get a formal conviction, a lot of people want pedos like him to be locked up in some ward.

In these cases the government is simply not really that interested in going after them and thus they might be able to get off on a technicality.