I would like to see the pervert’s hard drive decrypted, and him given a long prison term if (as one might infer from his behavior) he is guilty. However, this is not the right way to do it.
You can reasonably argue that compulsory provision of a password is not quite being “a witness against himself”, and that since there is a warrant it is not quite a violation of “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”. I still don’t like it. The Bill of Rights is not a line where the government has blanket permission to go up to that point; it’s a hard limit that cannot be crossed but also that normally should not be approached.
I am okay if they guess his password or hack the drive. Keep it as evidence until they figure out how to read it. But do not lock him up for contempt.
I’m with you on this one. No 4th violation as there is a legal warrant. However, being required to supply evidence to the prosecution does seem to violate the 5th.
It would seem that the SCOTUS ruling against being forced to supply a password for a phone could reasonably be “stretched” to cover this as well.
If he is guilty it us up to the prosecution to prove it, "beyond a reasonable doubt". It is not up to the accused to do "the States" job for them. If they want it unlocked... let them do it themselves.
How about water-boarding him until he spills the password? It’s not torture, after all... /s?