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by DINKDINK 3203 days ago
I'd say though that if a judge can get a free pass to lock anyone away indefinitely by police planting a USB drive -- by claiming the defendant is in contempt of court -- that's drastically different in terms of payoff on evidence planting.

Planting a gun on a defendant is much harder to do than planting a USB drive. If it really was the defendant's, they probably have munition for it, there's biological contamination etc.

It seems to me there should be an onus on the prosecutor to prove that they defendant has the key and isn't giving it up before the defendant is held in contempt of court: "Here's a video showing the defendant access the banned booked on the USB drive, she won't give up the USB-decryption key!"