The way I see it -- and perhaps I'm alone in this line of thinking -- presumption of innocence is important, and so is the fifth amendment.
Forcing the accused to unlock a laptop with a password for the purposes of an investigation, if that laptop contains incriminating information, is self incrimination. The test for self-incrimination should be "could the police have obtained that exact piece of evidence without the help of the accused?" If the answer is "yes", then it is not incrimination.
I would rather see 1,000,000 guilty people go free, that sacrifice the 5th amendment and presumption of innocence.
Forcing the accused to unlock a laptop with a password for the purposes of an investigation, if that laptop contains incriminating information, is self incrimination. The test for self-incrimination should be "could the police have obtained that exact piece of evidence without the help of the accused?" If the answer is "yes", then it is not incrimination.
I would rather see 1,000,000 guilty people go free, that sacrifice the 5th amendment and presumption of innocence.