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Interesting questions that (to an an extent) are still being worked out in U.S. case law. You're right that there's no 5th Amendment problem if you're not a sus
by pcaharrier 2y ago
Interesting questions that (to an an extent) are still being worked out in U.S. case law. You're right that there's no 5th Amendment problem if you're not a suspect and likely also because surveillance footage isn't "testimonial" evidence (have fun going down that case law rabbit hole when you have a few days to waste).
How keen are judges to sign off on a search warrant to make you turn over the equipment? Pretty keen as long as the equipment itself or information on the equipment is evidence of the commission of a crime.
Whether they can compel a third party to decrypt footage stored on their equipment is a little thorny as a legal issue [see here for a short discussion: https://www.brookings.edu/articles/can-the-government-force-suspects-to-decrypt-incriminating-files/ https://www.brookings.edu/articles/can-the-government-force-...]. It's not a perfect analogy, but think of a person who keeps evidence of some crime (say some stolen documents) in an unbreakable (for hypothetical purposes) lock box with a (hypothetically unbreakable) combination lock. The lock box contains the evidence, but isn't evidence itself. Similarly the combination isn't evidence of a crime. In general a court won't order the disclosure of something like the combination though they might order a person to use the combination to open the box so the police can seize the evidence. So depending on the court and the judge, some investigators might find a judge who would be willing to sign an order to compel a person to decrypt surveillance footage, though I'd also expect someone who's determined to fight such an order would have a doozy of a constitutional law question on his hands.