Category Archives: geofence

techdirt: Fourth Circuit Appeals Court Announces It’s Going To Rethink Its Geofence Warrant Decision — Chatrie

techdirt: Fourth Circuit Appeals Court Announces It’s Going To Rethink Its Geofence Warrant Decision by Tim Cushing, noted here.

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Bloomberg Law: Full Fourth Circuit Will Rehear Google Geofence Warrants Case

Bloomberg Law: Full Fourth Circuit Will Rehear Google Geofence Warrants Case by Cassandre Coyer. The panel opinion is United States v. Chatrie, 2024 U.S. App. LEXIS 16692 (4th Cir. July 9, 2024) (2-1), and posted here.

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Law360: Open Questions In Unsettled Geofence Warrant Landscape

Law360: Open Questions In Unsettled Geofence Warrant Landscape by Charles Fowler (“This summer produced the first two federal appellate decisions on the Fourth Amendment implications of geofence warrants…. Neither decision is final. And the dust may well settle somewhere in … Continue reading

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Law360: How To Use Geofence Warrants In A Constitutional Manner

Law360: How To Use Geofence Warrants In A Constitutional Manner by Robert Frommer (“Geofence warrants are powerful tools that let law enforcement identify devices located at a specific location and time based on data users send to Google LLC and … Continue reading

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Reason: The ACLU’s Response to My Post on the Fifth Circuit’s Smith Ruling—And My Reply to the ACLU

Reason: The ACLU’s Response to My Post on the Fifth Circuit’s Smith Ruling—And My Reply to the ACLU by Orin S. Kerr (“A debate on a very important Fourth Amendment ruling.”):

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Reason: The Volokh Conspiracy, The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More

Reason: The Volokh Conspiracy, The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More by Orin S. Kerr: An astonishing ruling, and one that creates splits on two differerent issues.

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CA11: No standing in geofence warrant for girlfriend’s cell phone location

Defendant lacks standing to challenge a geofence warrant directed at his girlfriend’s cell phone. “Davis lacks Fourth Amendment standing to challenge the geofence warrant because the search did not disclose any information about the data on his own electronic device, … Continue reading

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NYLJ: Geofencing and Individualized Suspicion

NYLJ: Geofencing and Individualized Suspicion (June 24, 2024)

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NM: New crime after alleged illegal seizure not suppressed

Defendant’s new crimes after his alleged illegal seizure are not suppressed. State v. Morgan, 2024 N.M. App. LEXIS 23 (May 13, 2024). Tossing a backpack in flight from the police is abandonment. United States v. Anderson, 2024 U.S. Dist. LEXIS … Continue reading

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GA grants review of geofence and GFE case

Georgia has granted review of a geofence warrant case, including whether its prior case law holding the good faith exception was limited should be overruled. Jones v. State, 2024 Ga. LEXIS 110 (May 9, 2024)*:

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MD: Geofence warrant for rural property was with PC and particular

After farm equipment went missing from rural property over a week long span, police got a geofence warrant for the land that put defendant there. It proved unimportant under the standard of review for warrants (“substantial basis”) the fact they … Continue reading

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MN: The state const. doesn’t bar geofence warrants, and this one was issued with PC under 4A and state constitution

Syllabus: “Geofence warrants, which authorize law enforcement to obtain location-history data of cellular devices that were within a defined area during a specified time frame, are not categorically prohibited by the United States and Minnesota Constitutions as general warrants, but … Continue reading

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D.N.M.: Geofence warrant relied on in good faith

A geofence warrant was used to gather information to attempt to find the robber of a postal worker. Geofence warrants are novel, the defendant may not have shown standing, and the government gets to rely on the good faith exception. … Continue reading

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D.D.C.: 1/6 geofence warrant was for phones within the crime scene and was reasonable

The 1/6 Capitol geofence warrant was issued with probable cause and was specific, limited to those within the Capitol or on the restricted grounds, not just near it. United States v. Easterday, 2024 U.S. Dist. LEXIS 8978 (D.D.C. Jan. 18, … Continue reading

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Bloomberg Law: Google’s Location Data Move Will Reshape Geofence Warrant Use

Bloomberg Law: Google’s Location Data Move Will Reshape Geofence Warrant Use by Skye Whitley (“There are at least three cases seeking to suppress geofence-based evidence before federal appellate courts in the Fourth, Fifth, and District of Columbia circuits. Dozens more … Continue reading

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Google obviating geofence warrants?

Google posted this yesterday: Updates to Location History and new controls coming soon to Maps. Google will not be keeping geolocation data. So, are geofence warrants going to be a thing of the past? Google says it won’t have the … Continue reading

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techdirt: Don’t Want To Be Part Of A Geofence Warrant Line-Up? You Have Options.

techdirt: Don’t Want To Be Part Of A Geofence Warrant Line-Up? You Have Options. by Tim Cushing (“Shira Ovide’s article for the Washington Post first details everything that’s extremely questionable about law enforcement’s reliance on geofence warrants. In a typical … Continue reading

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Real Clear Policy: Just the Facts on ‘Geofencing’

Real Clear Policy: Just the Facts on ‘Geofencing’ by Maggie MacFarland Phillips (“As worshippers gathered at the Calvary Chapel in 2020, they were being watched from above. [¶] Satellites were locking in on cell phones owned by members of the … Continue reading

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D.Haw.: 11-month delay in getting DNA warrant was reasonable

An eleven month delay in the government obtaining a DNA warrant was reasonable. “Under the totality of the circumstances, the Court concludes that, while the search warrant perhaps could have been sought earlier, the eleven-month period between arrest and the … Continue reading

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Guardian: TechScape: How police use location and search data to find suspects – and not always the right ones

Guardian: TechScape: How police use location and search data to find suspects – and not always the right ones (“It’s a practice public defenders, privacy advocates and many lawmakers have criticised, arguing it violates fourth amendment protections against unreasonable searches. … Continue reading

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