Comment Re:If he is found guilty (Score 1) 133
I think that they have a good case against him on two counts:
1. making a false statement to federal agents when they asked for his passcode.
2. intentionally causing the destruction of any evidence which might have been on the phone.
His defense would be that he was acting under duress, and that his rights were being violated as they had no reasonable justification to search his phone.
The circuits have previously issued conflicting rulings on the application of the "border exception" to 4th amendment right to privacy with regard to the contents of cell-phones. It would wind up at the Supreme Court (many years from now), and there is a chance that the case could go against the government -setting a national precedent that the government does not want.
Prosecutors are risk averse. I expect they will make a deal or drop it altogether -eventually. Expect him to be dragged thru a couple years of court appearances. There is no reason for the government to make it easy on someone who defied them.