In most civilized countries you can just refuse to hand over the keys, no harm done. In some countries they can force you to hand over the keys if they suspect encryption. The suspicion is enough, they do not have to prove anything. This is for practical reasons, as even the presence of a header (like the LUKS header) is not enough to prove that you have any keys. It might have been an experiment, for example. Or it was used as encrypted swap with a key from /dev/random. So they make you prove you do not have encrypted data. Of course, if true, that is impossible and hence the whole idea is not compatible with fair laws. Note that in this context, countries like the US or the UK are not civilized and do not have fair laws.
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