can you prove anything was on the phone can you tell me the crime he was accused off all no. the worst hes getting out of this is obstruction the rest will get dropped.
even without Constitution the case dies in two questions. the cops had no idea what they where looking for it was pure fishing. so they cant prove anything was destroyed. then of what crime where they trying to charge him with they also wont have a real answer.
then you get into what where they searching for they wont have a answer and what crime was i being accused off another no answer. this has no chance in court. this will fall silent in a few weeks and you will never hear about it again.