Re:Suspect can’t be compelled to reveal “64-character” passw...
by LegitShady on Sunday November 24, 2019 @08:55PM
(#21624866)
>It's up to the judge, the (grand jury), the tribunal, etc.
The judge has the power to let them search your property.
Nobody has the power to let them search your mind, and they can only do so by imprisoning you or otherwise depriving you of your rights.
The distinction between a search warrant and self incrimination is a big one. You should always have the right to say nothing.
If forensics and data know for sure you did something, the stuff in your mind is unnecessary. Either they have the weapon or not, so to speak. You shouldnt be placed in a position where the justice department "is entitled to" the knowledge in your head.
It's not arbitrary. It depends on other pieces of legal proof, like statements from witnesses, other material evidence, etc. For example in case of hidden partitions people usually get busted because forensics find data directly referring to it (eg. in caches, metadata, logs, thumbnails).