Is it legally better? Absolutely. But all they have to do is say "they did this as a legal workaround for that" and you're no better off, at least not without spending the same amount on lawyers. You can't out-tech your way around a corrupt system, they will find a way to get you.
if you have it running constantly, i dont think that argument can be made
id expect that youd be ordered to retain the data though, if an investigation is being done