More like, withholding evidence! Think about it. That metadata could very plausibly confirm or deny alibis (or at least help confirm/deny maybe).
Data cannot 'deny' something. Ask your coffee cup what the weather is and all you get back is silence :)
Even if it could be applied without regard to whether the defendant objected, it has been gutted in recent decades by our radical right-wing Supreme Court, who think illegally-obtained evidence is just dandy so long as excluding it from court proceedings wouldn't actually change the government's behavior in collecting it.