If it can be proven that criminal offenses have been committed with your own cell phone (or PC, laptop etc.).
Can the one actually still claim that it wasn't him and someone else was on his cell phone / PC? But as a result, you can no longer prove anything?
When it is proven that crimes have been committed with your own cell phone
If there's evidence, the suspect can still claim that he was not, and it is up to the judge to accept the evidence or to believe the suspect.
Sure you get out of there.
The law enforcement agency does not have to prove tools, but ultimately perpetrators.
When in doubt, it all comes down to evidence.