Law.com: Courts Are Getting Geofenced In by Location Data Quandaries by Frank Ready:
Geofencing is emerging as a popular tool among law enforcement agencies, but answering the legal questions it poses may yield serious investigative challenges.
Geofencing strikes again. Last week, CNBC reported on an accused bank robber who was apprehended by authorities in Virginia after police issued a warrant for Google location data from cellphones in operation near the scene of the crime.
Meanwhile, the suspect’s legal team is mounting a Fourth Amendment defense, arguing that the methods the police used to track down the alleged robber was akin to “searching every home in the neighborhood of a reported burglary.”
Since geofencing shows no signs of slipping out of favor with law enforcement any time soon, courts will likely continue to butt up against arguments related to illegal search or seizures. However, making changes to the way police have traditionally gone about leveraging that tool could have big repercussions for how the government conducts investigations as a whole.