You're speaking nonsense since there was no charge or warrant against him. People are free to use their phone for f sake.
Law enforcement doesn’t need a warrant to search phones at the border. I agree this is a terrible rule but it is the rule right now.
Evidence exists independent of a charge or warrant. The instant they asked for access to the phone, it became evidence. If he had entered the duress code himself before walking up to the agent, he'd be fine. Nerds thinking that technicalities is how the law works is why he's in hot water.