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> So if I was unlucky enough to be near a couple of the robbery locations, I might be swept up in the dragnet based on my phone location. Even if 6 of 8 robbery
by pm90 9y ago
> So if I was unlucky enough to be near a couple of the robbery locations, I might be swept up in the dragnet based on my phone location. Even if 6 of 8 robbery locations my phone was clearly elsewhere the police may still try to make a case that I only participated in two of the robberies.
I don't think you are reading this right. This wasn't some random person who happened to be in the same place as the robberies. I believe one of the robbers testified that he was their ringleader.
I feel like the cellphone data needlessly jeopardized the whole operation. A judge would probably have given an actual warrant to search online data for 12 people on the contact list of the robber. But this is the thing: the police in this case were used to getting by without a warrant and so probably didn't think twice about getting all that data (which they should). The question being considered is whether that warrant less search is illegal.
If SCOTUS does overturn this decision, the guy's conviction would be thrown out causing much outrage. I hope they do: the privacy laws are clearly not strong enough.
- coding123 9y agoThat could be true, I was mainly going off the article's notion that it was the 127 days of phone records - and if it was all phones nearby or his phone records wasn't clear in the article.
- drakenot 9y agoA former lawyer on Planet Money discussed this case and said that it may not throw out the conviction. That the "Good Faith" exception may allow the conviction to stand.
- linkregister 9y agoAre you sure that the conviction would be thrown out? SCOTUS rules all the time to reverse precedents set by a lower court while moving finding of fact to the original venue.