Comment: Re:no 5th? (Score 4, Insightful) 1047
The difference? There are a couple but the first of which is that the lawyers and judges involved are not stupid, they may not be techsters but they are almost certainly not stupid and this encrypted data is but one piece of evidence and you f-ed up long before if you're in this position. Second, there is a judge that will judge.
If you pistol is stolen or lost, you have some obligation to report it as such. It's typically registered and in that case, they know you have it, know the make and model. If you conveniently discover that it is missing when a court requests it they can check to see if you reported it lost or stolen beyond that, there is a judge there to judge you and he'll judge your credibility as he sees it from your behavior up to that point. Basically, keep track of your weapons, particularly when you're getting ready to be involved in a trial. Are you the kind of person that loses a pistol and forgets to tell anyone?
The password isn't quite the same. They may have some idea if you regularly used the computer. Again, I'll reiterate a couple things, the other guys aren't stupid and you didn't get in this position simply because of an encrypted drive. Now if you've spent 3 years doing something considered crime and there is other testimony where you've suggested you don't remember something because it's on the computer you use daily and now you don't remember the password, I can tell you how I'd judge you. Or maybe it's on the computer you resisted handing over and kept in a safe, those factors might not be admissible in the case against you but they certainly come in to play when you attempt to "forget" the password. Do you regularly use computer and keep track of dozens of accounts and passwords but this one computer you had locked up in a safe at your mothers house that you tried to pretend didn't exist, you forgot how to log in?
What will a judge think from your story?