A federal appeals court has made a groundbreaking decision, ruling that geofence warrants are unconstitutional. This ruling is expected to have significant implications for the use of these controversial search warrants across several U.S. states.
The Ruling
On Friday, the U.S. Court of Appeals for the Fifth Circuit issued its ruling, which covers Louisiana, Mississippi, and Texas. The court found that geofence warrants are ‘categorically prohibited by the Fourth Amendment,’ which safeguards against unwarranted searches and seizures. This decision is a major victory for civil liberties and privacy advocates.
What Are Geofence Warrants?
Geofence warrants, also known as ‘reverse’ search warrants, allow law enforcement agencies to request location data from tech companies like Google. These warrants enable police to draw a shape on a map, such as over a crime scene, and demand that the company search its vast database of location data for any device or phone that was in that area at a specific point in time.
Criticism of Geofence Warrants
Critics have long argued that geofence warrants are unconstitutional because they can be overly broad and include information on innocent individuals. The use of these warrants has been criticized for infringing on citizens’ right to privacy.
The Court Case
The case centers around an armed robbery of a U.S. Postal Service worker in Mississippi in February 2018. In this incident, police used a geofence warrant to identify the suspects involved in the robbery. The Fifth Circuit’s opinion differs from a similar case heard last month in the Fourth Circuit, which covers North Carolina, Virginia, and West Virginia.
The Ruling in the Fifth Circuit
In its ruling, the Fifth Circuit disagreed with the Fourth Circuit’s decision. The court found that police seeking data from Google’s vast stores of location data for a criminal suspect constitutes a search. However, due to the enormous size of the database and the need to scan it thoroughly, the court ruled that there is no legal authority capable of authorizing such a search.
The Problem with Geofence Warrants
The Fifth Circuit highlighted several problems with geofence warrants in its ruling. These include:
- The lack of specificity in these warrants, as they do not identify a specific individual or user to be searched.
- The fact that the entire database has to be scanned, which is an enormous undertaking.
- The absence of any legal authority capable of authorizing such a search.
The Impact of the Ruling
While the Fifth Circuit ruled that geofence warrants are unconstitutional, the court concluded that the police department acted in good faith when seeking the warrant for location data held by Google. Therefore, the evidence collected using this warrant was not suppressed in this case.
Raising Questions about Digital Warrants
The ruling raises important questions about the constitutionality of digital warrants and online content searches. As tech companies collect and store vast amounts of user location data and histories on their servers, this data can be obtained by law enforcement agencies. The use of geofence warrants has increased significantly in recent years, with Google receiving approximately one-quarter of all U.S. legal demands for such data.
Google’s Response
In response to the ruling, Google announced that it would begin storing users’ location data on their devices, making geofence warrants less useful for law enforcement agencies. This move highlights the ongoing struggle between tech companies and law enforcement agencies regarding access to user data.
The Future of Geofence Warrants
The Fifth Circuit’s ruling is a significant development in the debate over geofence warrants. As this technology continues to evolve, it is essential that courts and lawmakers address concerns about privacy and civil liberties. The future of geofence warrants will depend on ongoing discussions and decisions regarding their use and constitutionality.
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