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Honest question here: From a legal standpoint how can the" prosecution already knows [the harddisk] to contain incriminating data" if the drive is encrypted?

Are eyewitnesses saying "I saw him type the death list into his laptop" good enough? What is the criteria to meet that point?

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If the eyewitness is a police officer, then possibly yes:

http://news.cnet.com/8301-13578_3-10172866-38.html

> Honest question here: From a legal standpoint how can the" prosecution already knows [the harddisk] to contain incriminating data" if the drive is encrypted?

In many cases they can have intercepts, or bugs (cameras), but they are often not enough to form a water-tight case. They can therefore "know" you have incriminating data on your drive (or at least they will argue that point).

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