Was he NOT in custody? How could he have done this? Like if he was in custody then using his voice can't be illegal. If he told the officer to go shred the incriminating evidence and they did would he be liable then?
This is on some borders that have not been well defined. For one suspects are seized and forced to supposedly compel speech. It is literally a compelled speech under duress which means anything setup on his device to detect that which was done prior to the encounter simply falls under the guise of organizing one's effects in ways not easily understood (encryption) along with an officer believing that entering the suspects compelled speech into it would only have the device perform certain "allowed" actions (which haven't been defined) rather than "undesired actions" which it DID when it detected the duress.
This is about the same as having a secret converted into binary, then expressing that as quarters sitting on my counter where heads is 1, tails is a 0. If my quarters are discovered by the police and they ask my method of organizing them... am I in violation if I say that swiping them all on the floor at the same time will produce the hidden message if the officer then *does that* and it destroys the remaining hidden meaning?
Their search was not blocked. They got to see the encrypted data (the quarters), they got to lock me up and prevent *me myself* from touching the scene or evidence. If my compelled instructions resulted in an officer wiping the data and not me, am I liable?
This raises all sorts of questions the police actually don't have power to raise. Power grabs at every turn.