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It's not a trial. It's refusal or follow a court issued order, the punishment is contempt of court. They don't need a trial in that case... the judge that issues the order can simply judge whether or not you're complying with it.

In all these scenarios, you're screwed the moment you find yourself in court (actually probably long before then when you convince some law enforcer that you're doing something wrong) Judges and lawyers aren't going to be hip to this hypothetical plausible deniability game.

A drive isn't an extension of your brain or your relationship with your wife. It's physical evidence. The only thing that makes it different than say a really big lock on the door of your house or a safe is the effort it takes to circumvent when a court agrees to admit the evidence. Almost never is that evidence used alone.

There are subtle issues to the meaning of the evidence provided, like you might not need to give up the password and thus decrypt everything else encrypted with it, you might just need to decrypt the data in question in a convincing manner to the court. Being able to decrypt the drive doesn't have to prove that you are responsible for the contents.



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