Re: Stop using that phone
It is so simple and obvious. It will prevent many embarrassing situations. Simply do not use a mobile phone on every whim. Leave it at home. Only use it to call (auch, that makes one feel old, doesn't it). Stop generating a digital record of yourself.
Good luck with that, and we shouldn't need to. To me, the police powers should be reasonable, proportionate and not fishing trips. So suppose I arrange a hookup via tindr, grindr or hookup app of choice. That may or may not lead to intimacy, flirty texts/images and possibly a rape claim. One person may be able to show probable consent by volunteering their phone records, the other may refuse.
What should the police do? For me, rape has always been a nasty crime because it's usually a private act with no witnesses. So it feels reasonable to allow a phone search, but I'd expect that to only include stuff that may be relevant to the crime in question. Or perhaps I'd want it limited, especially if my hookup trail lead to other rape victims.
It's a delicate balancing act, especially when phones (and related databases) collect huge amounts of data, not just the good'ol days of phone logs and texts. Up to 7 years of data may include a complete digital footprint of someone's wanderings thanks to GPS/geolocation data*.
I guess it's a combination of lack of trust, plus technology forces fishing. Possibly for marketing purposes. If a phone's cloned, then it's going to get a copy of everything logged on that phone. If 'detection' is AI based, that may then mean the data's sent to the cloud so the AI can play with it. Or the supplier's use the data to train their cloud, flog it etc etc. I'd trust the police to look, use as evidence, and if not, delete that data. If 3rd parties are involved, I'd have far less trust & more concern around the potential privacy implications.
*The geek in me thinks plotting that on GIS would be fascinating to peruse, and probably of interest to people from town planners to sociologists. But also impossible to anonymise given the favorite destination would probably be your home. Scary thing is it's something Google/Android already have, and I trust them far less than the police..