Could the police request that, for example, all users of an ATM in the vicinity of the alleged crime within, say a 30-minutes time frame be listed and personal information including name, date of birth, phone number and social security number corresponding to the user be handed over to the police if the alleged perpetrator of the alleged crime was alleged to have used the ATM for any period during that 30 minutes?

How likely it is for a fruit-from-the-poisoned-tree argument kill a charge if all identification of the alleged suspect relies on such an ATM list?

I am only interested in answers with references to case law relevant in the State of California. Thank you!

  • 2
    If the police get a warrant (or whatever the Californian equivalent is) why would it be Fruit From The Poisoned Tree? In other words, what illegality have the police been suspected of doing?
    – user35069
    Dec 13, 2021 at 7:55
  • On the other hand, if there was a dozen people, of which at least eleven are innocent, how would you convince a judge that each of them is enough of a suspect to get a warrant?
    – gnasher729
    Dec 13, 2021 at 10:51
  • 1
    Given the number of ATM surveillance camera photos I've seen on the local news, I can't help but think that ATM records can be used legally in at least some circumstances. I doubt a judge would allow the police to collect social security numbers indiscriminately. Also, further to @Rick's comment, the police probably don't need a warrant if the bank, a private entity, gives the ATM records voluntarily.
    – phoog
    Dec 13, 2021 at 11:55
  • @phoog They might, given bank privacy laws, at least for that level of detail of information.
    – ohwilleke
    Dec 13, 2021 at 21:24
  • 1
    @ohwilleke yes, I was thinking about banking privacy laws but decided not to get into it. I suppose that social security numbers are protected by such laws and that surveillance camera footage is not. Anyway, social security number is likely to be of less interest to the police than address and phone number.
    – phoog
    Dec 13, 2021 at 21:45


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