Seventh Circuit allows police to wipe phone before return
Original title: Should Police Wipe a Criminal's Cellphone Before Returning It?–U.S. vs. Stathas
The court said only a full wipe would remove explicit messages and the victim's identifying data spread across apps.
Eric Goldman reviews U.S. v. Stathas, in which the Seventh Circuit upheld police wiping a cellphone before returning it. Stathas pleaded guilty in 2023 to enticing a minor, received 180 months in prison and 10 years of supervised release, and police had seized the phone used to contact the victim. He did not object to deleting those conversations but wanted other data kept; the court found a complete wipe reasonable. Goldman notes a wipe can also destroy unrelated records, including possible evidence for a civil claim.
- The district court had not ordered forfeiture under 18 U.S.C. § 2428(a)(1).
- Police agreed to return the car, wallet and other electronics.
- The Seventh Circuit said crediting a full wipe as the only effective method was not clear error.
- Goldman contrasts the ruling with Riley v. California on how much personal data phones store.
- Organizations
- Seventh CircuitWest Bend Police Department
- Countries
- United States
From the original article
7 min read at blog.ericgoldman.orgBrowse:Home»2026»October»Should Police Wipe a Criminal’s Cellphone Before Returning It? –U. S.
By hn_acker · blog.ericgoldman.org
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