> But again where is the crime?
Destruction or removal of property to prevent seizure.
CBP are empowered to search US citizens devices and, if the citizen refuses to comply, to seize that device. They'll be alleging that by knowingly providing CBP with a duress PIN he destroyed his own property to prevent its seizure.
Notably, they don't need to prove he destroyed evidence of anything.
Property was not destroyed or removed and can still be seized. Slam dunk for the defendant
Digital property is property.
Is that what the law says? Does it say that digital copies of photos are property? Does it say browsing history is property?
https://en.wikipedia.org/wiki/Intellectual_property
Not to mention it fails a basic sniff test. You seriously think a judge is going to rule "well even though you deleted all your emails, since those are technically bits stored on a phone, and the phone is still there, you haven't destroyed anything, and you're free to go?"