- Feb 2020
Translation: Freedom or safety? I'll take safety, of course!This approach is throwing out the baby with the bath-water. A virtual fence warrant has realistic applications and justifiable situations for an actual warrant, but this was not one of them.
The available information should have ruled out the person involved as he was just traveling by (presumably ~ 12 MPH or so) which any rational person looking at the data would recognize as not matching the "profile" of another hypothetical person who would have been inside the house for an extended period of time.
If this had been a "visual siting" request warrant:
a) John saw Allen riding his bike by the robbed house and not stopping. No judge would issue a warrant for Allen.
b) John also saw Carl inside the house for 30 minutes and then leave the house, with the timing coinciding the robbery time window. A judge WOULD issue a warrant (or at least agree there is probable cause for questioning Carl) based on this eye-witness account.
The problem is not the government having ANY access to company recorded information. Even today, if John were a milkman who made those notes in his corporate notebook, such information would easily be reasonable to discuss with the police. It's not the information (or the government acquiring ANY of it) which is the problem.
That's an unreasonable over-reaction to the situation.
Too bad you won't have either one in reality.