This sends like a more-info-requiered situation. Per this article, the LEOs seemed to be fishing, so they presumably couldn't claim as a matter of fact that evidence had been destroyed. Also, claiming destruction of property seems unreasonable since the phone, the property, still exists as before. If I sell my phone, I'm going to wipe it. I think we all understand that it would be ludicrous for the buyer to claim I was destroying the phone, the property they've been sold, by doing so.

Even if the accelerated executive capture of the judiciary is largely ruled back post Trump (big IF), I fear the government will be unwilling to pay with much of the convenience of rule-by-law that it's been given a taste for.