I certainly wouldn’t destroy evidence that was exculpatory. If none of the texts, encrypted messages, etc on my phone showed I had anything to do with JO’s murder, I would want them to be preserved, even if some messages were embarrassing.BIB. Right but that is the issue. What? I'd do the same thing he did probably. And I did not murder anyone. Who in their right mind would want the federal government up in their phone for example?
Why would he need to be tipped off? I realise this will sound contrarian but the defence just tried to get his phone in a court proceeding. If I were his lawyer, I'd be telling him to get rid, if there were anything at all on there. Which could be stuff totally unconnected.
IMO
That would be doubly true if I was a federal LEO with a duty to an avoid the appearance of impropriety.