But they could never use such a technique against a savvy tech user who knows that the erase command deletes the internal encryption key on an SSD. Using the technique in any court case would be tantamount to publicizing it and destroying the reputation of the hard drive manufacturer in question, as everyone would know a back door exists in their devices.
There would always be doubt, and some kind of parallel construction would surely be used to protect the secret technique.
I could see it being used in hundreds of cases per year for a decade before anyone could prove anything. Just like ubiquitous internet surveillance. And even when irrefutable proof surfaces, the very same people who staunchly said "that could never happen" will say "of course, how could you even be surprised?"