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Recordings. the always on gadget may have picked up. >> it was a lawfully issued search warrant by a judge and amazon's position is they simply don't believe they have to comply with it. >> reporter: 47-year-old victor collins was found dead face down in a hot tub last year. authorities say there were indications of possible foul play, arresting 31-year-old james bates on suspicion of murder. bates' attorney says the death was nothing more than a tragic accident and her client is incident. she applauds amazon's refusal to comply with police demands, calling it chilling that a christmas gift co...

Detectives hope to pull clues from the device always listening to alexa. amazon refusing that information. the question is, should it? here's the former prosecutor and criminal defense attorney jonathan stillmore. it's amazing how many questions alexa can answer. you both have different perspectives on this. you say amazon should hand over the evidence, why? >> the more evidence a better. we know a homicide occurred and this device is capable of recording audio. that's probably cause to think that the device has evidence related to a crime. that means the constitutional standard is met. if i'm...

Bates' tuattorney says the deat was nothing more than a tragic accident and her client is innocent. he applauds amazon's refusing to comply with police demands calling it chilling that. >> chilling that it's supposed to help daily lives and now being used against us for an innocent client. >> in a statement amazon replied it could change its lgness saying amazon will not release customer information without a binding legal demand properly served on us. amazon objects to overbroad or otherwise inappropriate demands as a matter of course. amazon did give police bates' subscriber information and ...

Virtual assistant to help solve a murder. >> we know amazon has a copy because consumers can listen to all their requests and delete them. >> reporter: what's not clear is how much relevan data is on the device or on amazon's servers. prosecutors say 32-year-old james bates murdered his co-worker, victor collins, who was found strangled in bates' hot tub. bates has pleaded not guilty. >> did anybody think when this waing created that information that you gave to alexa or you gave to amazon echo would be used outside your home and then to be used to have you arrested for a crime you didn't comm...

>> okay. so why will amazon not turn it over? >> reporter: well, good question. they have put out a statement, no interviews yet, but they did put out a statement, i'll read a portion of it. it says amazon will not release customer information without a valid and legal binding demand properly served on us. they say the warrant they've gotten is kind of overbroad and they're not just going to turn it over. alexa does listen to you. you had you have one in your house, it listens to you all the time, but it doesn't transmit that to the internet or to the cloud unless you say the word "alexa." so ...