You say this in jest, but they may have opened a can of worms here. Some defendant in a criminal case in Florida subpoenaed his NSA file in his defense. It would sure be interesting to see if this location data can be used as exculpatory evidence to acquit somebody, or if it would even be available. It would be very hard to stomach if that type of information is only available to convict, not exonerate.
The defendant was Terrance Brown, the gvt responded and said they did not have location data for him. Filed two different responses, one public with a ton of [REDACTED] and a private one.
The authorities regularly withhold information that could assist defendants so it would be business as usual I'm sure. But yeah, that's one giant can of worms!
Theoretically, they are not allowed to do that. If it is evidence that would affect the outcome of the case, they are obligated to disclose it. While it seems like due process and the rule of law is being eroded daily, I really hope that the below case still applies...
