Cal.2: Geofence warrant issued before any case law showed PC, particularly, and good faith

Geofence warrant issued in 2019 before there were any reported cases satisfied probable cause, particularity, and the good faith exception. Price v. Superior Court, 2023 Cal. App. LEXIS 505 (2d Dist. July 3, 2023):

We conclude that the geofence warrant satisfied the probable cause and particularity requirements of the Fourth Amendment and was not overbroad; it was reasonably and narrowly drawn in geographic scope and time period to capture the location data of only suspects and witnesses to the shooting death of Jovany R, and to minimize the possibility of allowing the government to obtain the location data and identifying information for uninvolved individuals—persons who were neither suspects nor witnesses to the shooting. We also conclude that the good faith exception to the warrant requirement precludes the suppression of the geofence warrant evidence and its fruits, even if the geofence warrant is invalid under the Fourth Amendment. Lastly, we conclude that CalECPA does not require the suppression of the geofence warrant evidence despite the government’s violation of CalECPA’s notice provisions (§ 1546.2). In the unpublished portion of this opinion, we reject Price’s claims concerning the other 10 warrants and the gun evidence. Thus, we conclude that the suppression motion was properly denied in its entirety ….