In the U.S. generally [0] a court can force [1] disclosure of a password or location of a physical key or whatever unlocks access to documents whose existence and contents is a "foregone conclusion".
The idea is that "we know you have contraband <details>" so your being made to produce that contraband is not a violation of the 5th amendment right to not self-incriminate.
This idea seems rather twisted to me, but this is what the courts have gone with. There might be some protection against other incriminating documents being found this way than those that were being sought, but I'm not sure.
Looping back to your comment, if it is a foregone conclusion that you do know the password, then "I forgot it" won't be a defense. But if it can be shown that you haven't used that password in a long time, then it might be a defense (but idk really).
IANAL. Do not rely on any of this.
[0] This may vary by state, but I believe in Federal court it works this way.
[1] Via the threat of contempt of court incarceration until the defendant or witness complies.
f1shy|3 years ago
bpodgursky|3 years ago
Let's be honest, that's not a high bar in a courtroom.
commandlinefan|3 years ago
cryptonector|3 years ago
The idea is that "we know you have contraband <details>" so your being made to produce that contraband is not a violation of the 5th amendment right to not self-incriminate.
This idea seems rather twisted to me, but this is what the courts have gone with. There might be some protection against other incriminating documents being found this way than those that were being sought, but I'm not sure.
Looping back to your comment, if it is a foregone conclusion that you do know the password, then "I forgot it" won't be a defense. But if it can be shown that you haven't used that password in a long time, then it might be a defense (but idk really).
IANAL. Do not rely on any of this.
[0] This may vary by state, but I believe in Federal court it works this way.
[1] Via the threat of contempt of court incarceration until the defendant or witness complies.
mirekrusin|3 years ago
Btw. with new iPhone they just need to hold it close to his face while handcuffed.
unknown|3 years ago
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