Not if you had it setup prior to any sort of court order to degauss the drive regardless of who tampers with your system or why. For example, Coca-cola might do that on a manufacturing system that controls the quantities and timing of the raw ingredients to produce the formula and is evidence only that they want to protect it. However, once the court has ordered you to turn over your system as evidence, you can't simply point and say "Sure, it's over there... take it" knowing full well that it will get wiped as soon as it's moved. That would be destruction of evidence.
