Would we be ok if the police just randomly fined people $2000 bucks for no reason? That is basically what happened here.
Where it went wrong is a completely orthogonal matter. He was kept in jail for days after it was crystal clear he's not the murderer, and his name was dragged through the mud also after that point. He's completely legitimately suing for that, and hopefully wins. But what does that have to do with a legitimate and effective use of his geolocation data? Again, a murderer is caught because of it. And then the same police department fucked up and ruined a legitimate and justified but innocent suspect's life.
There is something fundamentally wrong with believing that the ends justify the means in these cases. As has been said, "[i]t is better that ten guilty persons escape than that one innocent suffer." [1]
But the overall rate of shoplifting and murder isn't going to change substantially even if the police ruin a residence and refuse to pay for damages or arrest and jail the wrong person for a substantial period of time.
So it appears that there a negligible increase in overall risk to society and property if criminals sometimes get away, but there doesn't appear to be any substantial decrease in overall risk to them if they're caught at great cost to certain innocent individuals.
In other words, there's really no difference on a societal level whether or not these individual cases result in the arrest and conviction of these criminals, but there's a substantial difference in personal cost for the innocent individuals who were in the wrong place at the wrong time.
The further we broaden police powers to dragnets the more innocent people will be within their crosshairs and have to be “filtered” out, often at the accused expense.
Next watch some “first day in jail” videos on Netflix and see the ridiculous stuff that gets people in scary overfilled jails, even for small even legitimate reasons and it’s enough to make it obvious there’s a serious problem with justice and law enforcement in the US.
One of the worst that affected me was an older middle class guy who ended up spending months in jail because he lost his job and at some point in the last 5yrs had a kid with some woman he met on a christian dating site who refused to have an abortion. The courts eventually ruled and said he owed $4k+ in child support in a short time span (a month?) otherwise you’re going to jail, when he was already struggling to live having lost his job. He was one of the few white guys, the stories of the black kids (most looked straight out of highschool) were often even smaller and even dumber reasons which immediately exposes them to living with other real criminals for extended periods of times which they then become friends with... etc.
The US is extremely punitive and the use of jails/prisons and stupid bail schemes is beyond excessive. That makes wrongful convictions all that much worse. Which all happens well before the trials even start.
I'm not going to debate whether American jails need serious improvement. They obviously do. That's orthogonal to investigative techniques IMO.
Geofence warrants seem too broad to me, providing them with access to people (and therefore probable cause for heavier warrants) merely for passing through an area of a crime.
The former seems possibly okay to me, but the latter is definitely not.
Calling that "wanting privacy on your daily bikeride" is a little silly, and I don't think the 2000$ is really giving you said privacy. Similarly, police overreach is a real issue, but the 2000$ is hardly going to solve that, and as mentioned above, you could've gotten entangled dozens of other way.
- hiring this lawyer to fight the warrant, or
- the risk of being arrested and dealing with criminal charges
That's no choice at all.
You can restrict data to three months which would have been helpful here.
As far as I know, sensorvault is originally sourced from "improve location accuracy" events sent by the phone (hence the original name: sensorvault and not userlocation-vault), and kept "anonymized" until request for de-anonymization by law enforcement.
Based on TFA, this statement is untrue.
He's lucky an overzealous prosecutor didn't go after him anyway.
> So he went to his parents’ home in St. Augustine, where, over dinner, he told them what was happening. They agreed to dip into their savings to pay for a lawyer.
> Important: If you have other settings like Web & App Activity turned on and you pause Location History or delete location data from Location History, you may still have location data saved in your Google Account as part of your use of other Google sites, apps, and services.