If you read the judge's words carefully you'll realize that he isn't pleased with handing over the police everything so that they don't go on a witch hunt. He a

If you read the judge's words carefully you'll realize that he isn't pleased with handing over the police everything so that they don't go on a witch hunt. He also suggests that there be "an independent vendor" instead of the police pulling out the information because if you think of it, all evidence in a case may be held indefinitely and in this case it might be irrelevant and private information. So although technically data mining is rummaging, it is not on the record and accessible to another person if it is irrelevant. I like this judge.