But if the prosecutors can make a convincing argument that your intent was exactly that all along, then you may end up convicted anyway.
Intent matters. It might be hard to prove, but it matters.
It may not even be that hard; what other possible explanation is there for someone putting a PIN visible on their phone that wipes it while crossing a border?
There’s no way to prove intent if you keep your mouth shut and don’t answer anything.
if the cops do that, they're breaking the law with that search already
theyll have a hard time showing that you intended for the government to break the law. first the government would have to admit breaking the law
For if someone steals the phone?
They might be able to convict on that, but that sets a dangerous precedent imo, which is that doing anything preemptively to prevent searches is conviction worthy, including the preparation the OP suggested.
"it would be funny if the border police typed it in to my phone"
As a speech.
> what other possible explanation is there for someone putting a PIN visible on their phone that wipes it while crossing a border?
Two obvious answers:
1. It's for the general case of lost/stolen phone.
2. It's for the owner. I can't remember numbers I don't type in, might as well keep it visible on the device.