I'm sure Capone really had evaded taxes. But the idea that the government couldn't get him on anything besides tax evasion is pretty sad.
The idea that the police or prosecutor has to "prove" all this stuff is nice, but not in line with reality. Warrants get issued on suspicion all the time. There's not a pre-trial trial to determine in front of a jury if the suspected encrypted volume is in fact an encrypted volume.
The judge orders you to provide the password and if you don't you're held in contempt for as long as you don't. Which, if you don't know the password, could be the rest of your life.
That's why some in law enforcement might be tempted to invent an encrypted volume that doesn't exist. Because it short-circuits the normal judicial process. And when you know someone is guilty but the damn red tape gets in the way, it can be tempting to try and make things "right".
A warrant can be issued on suspicion, but once the judge or prosecutor tries to prosecute for contempt, they would need to prove beyond a reasonable doubt that it was actually an encrypted volume.
The idea that the police or prosecutor has to "prove" all this stuff is nice, but not in line with reality. Warrants get issued on suspicion all the time. There's not a pre-trial trial to determine in front of a jury if the suspected encrypted volume is in fact an encrypted volume.
The judge orders you to provide the password and if you don't you're held in contempt for as long as you don't. Which, if you don't know the password, could be the rest of your life.
That's why some in law enforcement might be tempted to invent an encrypted volume that doesn't exist. Because it short-circuits the normal judicial process. And when you know someone is guilty but the damn red tape gets in the way, it can be tempting to try and make things "right".