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.
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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.