Presumably you must disclose that "doing that" would wipe the device... and you better hope this is caught on some neutral party's camera so there is a record of you saying that.
False presumption. You are just making that up, right?
I am not a lawyer, I am just "making up" what exculpatory evidence I would prefer to have on my side when potentially confronted with a charge of destruction of evidence after pulling a stunt like this.