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. The decision raises privacy concerns and contrasts with a recent Fourth Circuit ruling.
Read original article
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 2018 armed robbery case where such a warrant was used. The court emphasized that these warrants lack specificity, as they do not identify a particular user but rather a broad geographic area. While the court deemed the warrants unconstitutional, it upheld the defendant's conviction, noting that the police acted in good faith when seeking the warrant. This decision contrasts with a recent ruling from the Fourth Circuit, which upheld the legality of geofence warrants in its jurisdiction. The Fifth Circuit's ruling raises broader questions about the constitutionality of digital warrants for online content, especially as tech companies increasingly collect vast amounts of user data.
- The Fifth Circuit ruled geofence warrants unconstitutional, impacting their use in three states.
- The ruling emphasizes the Fourth Amendment's protection against unreasonable searches.
- Geofence warrants can capture data from innocent individuals, raising privacy concerns.
- The court upheld the defendant's conviction, citing good faith in the warrant's request.
- The decision contrasts with a recent ruling from the Fourth Circuit, highlighting legal inconsistencies.
Related
No reasonable expectation of privacy in one's Google location data
The Fourth Circuit Court ruled users lack privacy expectations in Google location data. Google offers control over data, including location history stored in Sensorvault. Geofence warrants addressed, requiring law enforcement to follow specific procedures. Court found geofencing compliant with the Fourth Amendment, sparking debates on tech-law enforcement balance.
Courts Close the Loophole Letting the Feds Search Your Phone at the Border
A federal judge ruled that cellphone searches at the border require a warrant and probable cause, emphasizing privacy concerns and reinforcing Fourth Amendment rights amid ongoing debates about press freedoms.
Federal Appeals Court Finds Geofence Warrants Are Categorically Unconstitutional
The Fifth Circuit Court ruled geofence warrants unconstitutional under the Fourth Amendment, emphasizing the need for specific targeting in searches to protect individual privacy rights and referencing the Carpenter ruling.
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.
Are Geofence Warrants Headed for Extinction?
Geofence warrants face scrutiny for potential Fourth Amendment violations. Google will stop storing location data, impacting their use. Public pressure and privacy concerns may limit their future effectiveness.
7 commentsIt is still welcome (if surprising) news from the 5th circuit, especially following July's contradictory ruling from the 4th circuit.
https://reason.com/volokh/2024/07/10/accessing-google-locati...
Related
No reasonable expectation of privacy in one's Google location data
The Fourth Circuit Court ruled users lack privacy expectations in Google location data. Google offers control over data, including location history stored in Sensorvault. Geofence warrants addressed, requiring law enforcement to follow specific procedures. Court found geofencing compliant with the Fourth Amendment, sparking debates on tech-law enforcement balance.
Courts Close the Loophole Letting the Feds Search Your Phone at the Border
A federal judge ruled that cellphone searches at the border require a warrant and probable cause, emphasizing privacy concerns and reinforcing Fourth Amendment rights amid ongoing debates about press freedoms.
Federal Appeals Court Finds Geofence Warrants Are Categorically Unconstitutional
The Fifth Circuit Court ruled geofence warrants unconstitutional under the Fourth Amendment, emphasizing the need for specific targeting in searches to protect individual privacy rights and referencing the Carpenter ruling.
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.
Are Geofence Warrants Headed for Extinction?
Geofence warrants face scrutiny for potential Fourth Amendment violations. Google will stop storing location data, impacting their use. Public pressure and privacy concerns may limit their future effectiveness.