[1123581321]

Nope--they don't need to prove they believed the device had something they wanted. That's just the motivation for them to go after you for inconveniencing them.

Same for your second paragraph: "oh we think one of them had some evidence..." - that's not how it works! It's your intent to destroy evidence that is the crime, not whether you destroyed evidence. They do not need to prove you destroyed evidence or even likely storage of evidence to get you convicted.

This is the main thing you're saying that is bad legal advice.

For your other point, yes, if they can't tell anything happened, or it seems like an accident, then you're probably going to get away with it. This happens a lot. I think that's a different topic. Original topic was: if you wink at your phone or use a weird finger (or some other visible gesture) and now your phone's wiped, could you get in legal trouble for that sequence of events.

[ranger_danger]

> It's your intent to destroy evidence that is the crime, not whether you destroyed evidence.

Accidentally destroying evidence can still carry a serious penalty, but yes the intent is generally the most important. But absent intent, it can still help the prosecution to know the device had something useful to them on it.