"I lost my phone and need a new one." "Your phone is lost? Let me disassociate your old and and help you set your new one up. What's your icloud username, email or phone number?"
Assuming the suspect knew disassociation meant data deletion on their old phone, is it up to the suspect to prevent this from happening? It seems pretty close to invoking the magic words I started out with, especially if this was the suspect's intent going into the store.
Now assuming the suspect didn't know, and he did not intent to delete data from his old phone... Now what? Is it acceptable to accidentally destroy evidence? Spoliation of evidence suggests a guilty conscience, but in this case it was an accident.
Theoretically no. In practice it's murkier.
If you're a cop? Definitely not acceptable on paper but you'll get a slap on the wrist at best.
If you're OJ Simpson and can afford a good lawyer? You will probably be found not-guilty.
Peasants like you or I? They'll throw the book and something will stick.
Edit: Am I being down-voted for being blunt or because reality makes people uncomfortable?
There’s no point arguing that storing a vat of milk in the sun counts as the law enforcement impounding incorrectly or the suspect deliberately arranging evidence to destroy itself, when the crux of the matter is that the defendant is a black woman in Alabama so has no chance of a fair trial regardless how airtight the case might seem.