Category Archives: geofence

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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TX5 upholds geofence warrant on PC and nexus, and then with GFE

The geofence warrant here satisfied the requirements of both probable cause and the good faith exception. There aren’t a lot of cases on geofence warrants, but those reaching the merits (and not just GFE) fully support the process here of … Continue reading

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Bloomberg Law: Church Sues California County Over Alleged Covid-19 Geofencing

Bloomberg Law: Church Sues California County Over Alleged Covid-19 Geofencing by Jorja Siemons:

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FL2: Knock-and-announce not violated by “peaceably” entering through open door

“The record establishes that the doors to Mr. Wallin’s room were ‘completely wide open’ and the officers entered without force to execute a valid arrest warrant. The knock-and-announce requirement in section 901.19(1) did not apply based on the statute’s plain … Continue reading

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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):

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Bloomberg: Abortion Fears Spur Reverse Search Warrant Bill in California

Bloomberg: Abortion Fears Spur Reverse Search Warrant Bill in California by Titus Wu (“Privacy advocates are pushing California to be the first to crack down on a controversial investigative tool used by police that compels technology companies to turn over … Continue reading

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Denver Post: Colorado Supreme Court hears first-of-its-kind challenge to police’s use of Google search terms to ID murder suspects

Denver Post: Colorado Supreme Court hears first-of-its-kind challenge to police’s use of Google search terms to ID murder suspects (“The groundbreaking legal case considers for the first time in Colorado — and, attorneys said, nationally — whether police can legally … Continue reading

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M.D.Fla.: Geofence SW decided on GFE alone

In this Hobbs Act robbery case, ATF got a geofence warrant to attempt to isolate who was committing a string of robberies in the Tampa Bay area. Instead of even considering the merits, the court goes directly to the good … Continue reading

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Cal.2: Geofence warrant was a bit overbroad, but GFE still applies

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 … Continue reading

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