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SCOTUS Rules Geofence Warrants Need Probable Cause for User Location Data

AppleInsider •
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The Supreme Court voted 6-3 to require police to establish probable cause before obtaining sweeping geofence warrants that collect personal location data from tech companies. Justice Elena Kagan authored the majority opinion, determining that individuals maintain a reasonable expectation of privacy in their cell phone location records. This ruling fundamentally changes how law enforcement accesses digital evidence from platforms like Google and Apple.

Previously, police could request location data for everyone within a specific area during a time window without identifying individual suspects. These dragnet-style searches meant innocent people could become targets simply by being near a crime scene with their smartphones. The case originated from a 2019 bank robbery where $200,000 was stolen and police had zero initial suspects.

Police obtained 19 accounts from Google for people within 150 meters of the robbery, eventually identifying Okello Chatrie as a suspect. However, the Court found this process violated Fourth Amendment protections regardless of the investigative outcome. Going forward, warrants must target specific individuals identified through other evidence, though group tracking remains permissible.

The ruling significantly impacts how law enforcement conducts digital investigations, particularly given that Google received over 11,500 geofence warrants in 2020 alone. While location data isn't completely off-limits, police must now meet higher constitutional standards before compelling tech companies to hand over users' private information.