>destroy evidence

Who said it was evidence? Did a judge authorize or issue a warrant to collect said evidence? Absent that, it's just your property, and you can do with it as you please.

You’re way off about when it’s illegal to start destroying your property that the police want to seize during an investigation.

To me it’s all quite analogous to walking up to, but not crossing, a border with, say, a fruit that’s legal to possess on the side you’re on, but not on the other side, and either eating or throwing away that fruit before crossing.

“Hey! I saw you holding that Mexican pepper in Mexico, and then you threw it in that Mexican trash can before crossing into Texas!”

“Yeah, so?”

"Evidence" has never been limited to the subject of a warrant. Destruction of evidence statutes typically include material that is subject to a police investigation.

> Who said it was evidence? Did a judge authorize or issue a warrant to collect said evidence? Absent that, it's just your property, and you can do with it as you please.

Why do people go sovereign citizen when reality doesn't work their way? Stop imagining that the way you want things to be is the way things really are.

Cops do not need a judge to authorize the seizing of evidence. Cops do not need judges to decide what evidence is. Tell me, why did you just pretend like these are real requirements? I can understand why you'd want it to be that, but you wanting it to be that doesn't change reality.

It's as if you've just learned about the Fourth Amendment but know nothing about the nuance behind it.

Your system wouldn't even work at all. Let's imagine the cops get a tip that a bald man with a blue tshirt shot a man. They patrol the streets and find a match. By your logic they should not have the ability to search the man and seize his gun as evidence until a judge issues a warrant.

Yes this is different than when law enforcement serve a warrant and the defendant wipes his computer before the agents can get a hold of it. In that case the warrant covers what you destroyed as evidence.

Though during traffic stops, if a defendant disposes of his drugs while on the run, that can also carry a charge of destroying evidence even though no warrant was issued.

IANAL