stock android phone and without the user actually activating mic or camera.

Assuming you're disabling the mic or camera in some way, either by getting into the phone's guts or storing it in a safe place, then it's certainly less of a consideration. Same with keeping the wireless connection off when you're not using it.

I keep mine in a faraday bag for instance. The unwanted private surveillance can be largely avoided within your own space.

If you're not using the mic or camera then the only data being collected is the data you actively put into it.

I made a video this week about the case of a schoolteacher in Illinois who was arrested after making a joke about shooting a student in a Snapchat DM, for instance. The automated AI alert system that Snapchat uses alerted the FBI, who alerted the county sheriffs, who then arrested her.

What made the Guthrie case stand out is that it was concrete proof from a government source that people are being surveilled without a warrant, and if it happened there, there's no reason to suspect it isn't happening everywhere.