What I was trying to point out, is that to collect damages you have to show that damages were suffered. His athletic career doesn't suggest that loss of future wages etal would be a viable basis. Loss of scholarship, that very possibly would but he's still on the roster, hence presumably on scholarship.
Re your Testa example, you're correct, LEO wouldnt have the right to its records for the mere purpose of writing a speeding ticket when you hadn't been observed to be speeding. But, if you were involved in a fatal accident and speed appeared to have been a factor, they probably could subpoena those records to see if you had in fact caused the accident because of speed. I say "probably" because I think I've read of that being done, but certainly don't claim to be an expert
And the bolded is what would provide the support needed to get a warrant for information about whether your vehicle, specifically, was speeding at the time of the accident. A specific vehicle that was known to have been involved in the accident with likely some other supporting evidence that speeding may have contributed. There would be a reasonable suspicion based on evidence at the scene of an accident your vehicle was involved in. Even then, LEO wouldn't be able to subpoena all your Tesla's speed records, they would likely only be able to subpoena the data around the time of the accident. Law enforcement cannot randomly request or search private records, they must request specific records based on evidence-based suspicion of specific wrongdoing. (some courts have broader understandings of how specific these must be, but there must usually be reasonable limits.)
Think of the current case with this perspective:
Imagine the Iowa DOT had limited access to all speeding data for cell phones on roadways for research purposes (i.e., to know what roads are safe / well-trafficked / being sped on). They don't have authorization to know whose data it is or to troll it for specific instances of speeding to ticket. Now, imagine that highway patrol, despite not having authorization, pull from that system a list of all cell phone location data within a low-income area of the Des Moines for the previous 12 months. Imagine further, that they then proceed to ticket only women who had a cell phone travelling too fast on roadways in those areas for the past 9 months. No men were ticketed. That's appears to be a better representation of what's happening here than the hypothetical you provided.
No problem with those tickets, right? They were all speeding on a roadway, after all.
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