That's the opening from an article from one of your MesaZona blogger's favorite source. With today's announcement of A NATIONAL EMERGENCY and giving the green light to more tracking and total surveillance, that Brave New World forecasted in 1984 is happening faster than anyone could have imagined.
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". . . The novelty of this inverted interpretation of probable cause doesn't lend itself to simple answers. Clearing your name isn't as easy as showing up at the cop shop with a reasonable explanation about why your location data is all over the crime scene.
When rounding up the usual suspects means harvesting data on hundreds or thousands of innocent people, the possibility of putting the wrong person in jail increases exponentially.
McCoy's experience may be an outlier, but it won't be that way for long. . ."
Filed Under: 4th amendment, florida, gainesville, geofence warrant, geolocation, location data, warrants, zachary McCoy
Florida PD's Reverse Warrant Leads To Innocent Man Being Targeted In A Robbery Investigation
from the let-me-ride-my-bike-through-the-wide-open-country-that-I-love dept
Riding your bike while sending out geolocation data is the hot new crime. Cops are using reverse warrants with increasing frequency, inverting the usual investigation process by demanding info about everyone in a certain area before trimming down the data haul to a list of suspects. It's sort of like canvassing a neighborhood, except investigators approach companies like Google, rather than people who might have seen something.
The problem with these dragnets is it makes everyone in the area a suspect. The more heavily-trafficked the area is, the more problematic this process is. Reverse warrants have already resulted in innocent people being jailed. This report by NBC News is another cautionary tale -- one that involves a man who became a suspect in a robbery just because he wandered into the geofence set up by cops.
The email arrived on a Tuesday afternoon in January, startling Zachary McCoy as he prepared to leave for his job at a restaurant in Gainesville, Florida.This put McCoy in the very uncomfortable position of proving his innocence even before he had even been charged with a crime. Realizing there was a good possibility approaching the department directly would result in his immediate arrest, McCoy hired a lawyer using money given to him by his parents from their savings. His lawyer, Caleb Kenyon, went to court to get the warrant killed. . . "
It was from Google’s legal investigations support team, writing to let him know that local police had demanded information related to his Google account. The company said it would release the data unless he went to court and tried to block it. He had just seven days.
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In the notice from Google was a case number. McCoy searched for it on the Gainesville Police Department’s website, and found a one-page investigation report on the burglary of an elderly woman’s home 10 months earlier. The crime had occurred less than a mile from the home that McCoy, who had recently earned an associate degree in computer programming, shared with two others.
Now McCoy was even more panicked and confused. He knew he had nothing to do with the break-in ─ he’d never even been to the victim’s house ─ and didn’t know anyone who might have. And he didn’t have much time to prove it.
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