I agree that is the weakest element. Applicability largely hinges on what qualifies as a “police investigation” or “legal proceeding” which I have been unable t

I agree that is the weakest element. Applicability largely hinges on what qualifies as a “police investigation” or “legal proceeding” which I have been unable to get a clear answer on. But, from a layman’s perspective, it seems like a police interaction which may lead to a use of police powers either should count or our legislative bodies should change the law to make it count as that appears to be in line with the spirit law to guarantee that all pertinent evidence to a crime be discoverable.