> The unclear part seems to be how strong the evidence needs to be that the device is yours and that the evidence is on there.
The 5th amendment protects you from having to testify against yourself, but it doesn't protect you from having to turn over incriminating evidence against yourself. The 4th amendment protects your stuff, but only up to the point of requiring probable cause for a warrant.
At issue in these sorts of encrypted storage scenarios is whether you would be incriminating yourself by demonstrating that you know the password. Knowing the password for an encrypted device basically proves that it's your device, so forcing you to decrypt a device would amount to forcing you to testify against yourself in the event that there is doubt about whether the device is yours.
So to force you to decrypt a device there needs to be a warrant for the contents, and it needs to be no doubt about the fact that it is indeed your device. So it needs to be a foregone conclusion that the device is yours, but only requires probable cause to believe that something specific and illegal is stored on the device.
The 5th amendment protects you from having to testify against yourself, but it doesn't protect you from having to turn over incriminating evidence against yourself. The 4th amendment protects your stuff, but only up to the point of requiring probable cause for a warrant.
At issue in these sorts of encrypted storage scenarios is whether you would be incriminating yourself by demonstrating that you know the password. Knowing the password for an encrypted device basically proves that it's your device, so forcing you to decrypt a device would amount to forcing you to testify against yourself in the event that there is doubt about whether the device is yours.
So to force you to decrypt a device there needs to be a warrant for the contents, and it needs to be no doubt about the fact that it is indeed your device. So it needs to be a foregone conclusion that the device is yours, but only requires probable cause to believe that something specific and illegal is stored on the device.