August 13th, 2024

US appeals court rules geofence warrants are unconstitutional

A federal appeals court ruled geofence warrants unconstitutional in Louisiana, Mississippi, and Texas, citing Fourth Amendment violations. This decision contrasts with a similar ruling in the Fourth Circuit, raising privacy concerns.

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US appeals court rules geofence warrants are unconstitutional

A federal appeals court has ruled that geofence warrants are unconstitutional, significantly impacting their use in Louisiana, Mississippi, and Texas. The U.S. Court of Appeals for the Fifth Circuit determined that these warrants violate the Fourth Amendment, which protects against unreasonable searches and seizures. Geofence warrants, or "reverse" search warrants, allow law enforcement to request location data from tech companies like Google for all devices within a specified area during a certain time, often capturing data from innocent individuals. The ruling stemmed from a case involving an armed robbery in Mississippi, where police used a geofence warrant to identify suspects. The Fifth Circuit's decision contrasts with a recent ruling from the Fourth Circuit, which upheld the legality of such warrants in North Carolina, Virginia, and West Virginia. The Fifth Circuit emphasized that the broad nature of geofence warrants, which do not target specific users, is constitutionally insufficient. Despite ruling the warrants unconstitutional, the court upheld the defendant's conviction, noting that the police acted in good faith when seeking the warrant. This ruling raises broader questions about the constitutionality of digital warrants for online content, as tech companies increasingly collect vast amounts of user location data.

- The Fifth Circuit ruled geofence warrants unconstitutional, impacting their use in three states.

- The decision highlights concerns over privacy and the potential for overreach in law enforcement.

- The ruling contrasts with a similar case in the Fourth Circuit, which upheld geofence warrants.

- The court acknowledged the police acted in good faith despite the ruling against the warrants.

- The case raises questions about the legality of digital warrants in general.

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