Destruction of potential evidence of a crime is a crime. Obviously here there is nuance and the courts can determine if this is the right interpretation or not. If he had compromising information and he reasonable suspicion he’d be asked to unlock his phone he should have “wiped” it way before he got to the border.
Yes, they would have to prove that there was incriminating data on the phone. However, destroying potential evidence before there is suspicion of a crime is also a crime if done with intent to undermine a future investigation.
It's quite unadvisable to destroy data in front of any sort of law enforcement. Last ditch effort? Sure, you better your odds but it's not ideal. If you have evidence of a crime, you know, wipe it way before you need to hand things over for examination and be in the position of having to destroy data as they knock on your door.
You keep saying "potential evidence." What does that even mean? If I factory reset my phone right now, am I guilty of destroying "potential evidence?" Do you have "potential evidence" on any of your devices? Let's not make up phrases to help justify what they were doing. There was either an actual crime committed, and wiping the phone destroyed real evidence. Or there was not. You can't just consider all data everywhere to be "potential evidence" while you look around for some kind of crime that it's evidence of.
Destruction of potential evidence of a crime is a crime. Obviously here there is nuance and the courts can determine if this is the right interpretation or not. If he had compromising information and he reasonable suspicion he’d be asked to unlock his phone he should have “wiped” it way before he got to the border.
They'd have to prove there was evidence.
It's quite unadvisable to destroy data in front of any sort of law enforcement. Last ditch effort? Sure, you better your odds but it's not ideal. If you have evidence of a crime, you know, wipe it way before you need to hand things over for examination and be in the position of having to destroy data as they knock on your door.
If it was evidence, what was the crime?