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by stinkbeetle
33 days ago
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I think you might be confusing what the issue is. As we see in this case, the (likely) person in this case was actually found from the relatively small number of people who fit this criteria, so police were (likely) right to suspect these people. The issue is not who the police may or may not suspect. it is about reasonable expectation of privacy. If they had obtained this exact same list of people who were near that bank for that time by a means that did not violate their reasonable expectation of privacy, then the evidence couldn't be challenged on that basis. |
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I’m saying that practically, being within a radius as the bird flies does not make you functionally “within the area” when there’s a huge z axis in a city.
When someone robs the retail of the ground floor of a high rise, there are many people who were right on top of the crime scene measured by lat/lon but were actually 10 minutes away by foot, hundreds of feet away in actual distance, and in no way aware it was even happening.