Judge: "Hand over that phone right now"

You: "Sure, I can hand it over, but all data will then get wiped by the device automatically due to Google/Apple/Samsung's anti-theft hardware design and I don't have a choice in the software settings to disable that"

After that it's upto the Judge whether to proceed with the handover or not.

At this point, if the judge proceeds with the handover, it will be the judge who destroyed evidence.