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?"