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by djackson 5454 days ago
I don't think that in the case that someone has your laptop in hand you can still plead the fifth. If there is evidence pertinent to the case on the physical drive obtained by the government, then they already are in possession of the container holding that evidence. Beyond that, it's a matter of litigation expense to crack it. It's up to you, at that point - unlock the laptop and allow a search or force them to hire a consultant (lawyers and cops are shitty hackers) to dig into it for them.

The hand-written note argument doesn't hold water, in my eyes, because it is the encryption of all of the evidence, not any one document, that is at issue. As was mentioned, the government has compelled people to open safes.