{"id":54713,"date":"2023-04-14T09:08:03","date_gmt":"2023-04-14T14:08:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54713"},"modified":"2023-04-14T09:09:15","modified_gmt":"2023-04-14T14:09:15","slug":"54713","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54713","title":{"rendered":"Cal.2: Geofence warrant was a bit overbroad, but GFE still applies"},"content":{"rendered":"\n<p>A geofence warrant was sought in 2019 for Google which provided several subject phones in the vicinity of a murder. The court finds the warrant was not particular enough, but applies the good faith exception because geofence warrants were so new when this one was issued, officers were clearly acting in good faith. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/B318310.PDF\">People v. Meza<\/a>, 2023 Cal. App. LEXIS 282 (2d Dist. Apr. 13, 2023). Interesting read on particularity and overbreadth, but good faith will usually carry the day.  I suspect GFE will always apply.<\/p>\n\n\n\n<p>Defendant\u2019s indictment will not be dismissed because a U.S. Coast Guard detachment was aboard a Dutch naval vessel interdicting drugs. This cooperation is recognized by a 1988 treaty. United States v. Osorio, 2023 U.S. Dist. LEXIS 63805 (S.D. Fla. Apr. 11, 2023).*<\/p>\n\n\n\n<p>After the other occupants of the apartment fled the scene, the one remaining had sufficient connection and control over the premises to consent to a search. United States v. Burkhalter, 2023 U.S. Dist. LEXIS 63915 (W.D. Mo. Mar. 10, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A geofence warrant was sought in 2019 for Google which provided several subject phones in the vicinity of a murder. The court finds the warrant was not particular enough, but applies the good faith exception because geofence warrants were so &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54713\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,130,11,65],"tags":[],"class_list":["post-54713","post","type-post","status-publish","format-standard","hentry","category-consent","category-geofence","category-good-faith-exception","category-particularity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54713","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=54713"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54713\/revisions"}],"predecessor-version":[{"id":54715,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54713\/revisions\/54715"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54713"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54713"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54713"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}