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?"
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?"