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Supreme Court limits geofence warrants in major privacy ruling

Engadget •
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The US Supreme Court delivered a significant privacy victory this week, ruling 6-3 that geofence warrants violate the Fourth Amendment. The decision requires law enforcement to obtain traditional search warrants based on probable cause rather than relying on location data requests that sweep up millions of innocent users. Justice Elena Kagan authored the majority opinion finding that individuals have a reasonable expectation of privacy in their cell phone location information.

Geofence warrants represent a modern investigative technique where police compel tech companies to identify anyone whose devices were detected near crime scenes during specific time windows. These broad searches effectively flip the traditional legal framework, allowing authorities to investigate first and establish suspicion later. The warrants target massive datasets without individualized suspicion, raising fundamental questions about digital privacy protections in an era where smartphones constantly broadcast location information.

The case originated from a 2019 Virginia bank robbery where $195,000 was stolen. Detectives obtained a geofence warrant compelling Google to provide location data for users near the bank during the hour surrounding the crime. Google initially resisted, turning over only three of 19 identified individuals. One suspect, Okello Chatrie, eventually confessed, but his legal team challenged the warrant's constitutionality.

The government's argument that users consent to tracking by not disabling system-wide location services failed to convince the Court. This ruling establishes that digital location data receives the same constitutional protection as physical searches, fundamentally reshaping how law enforcement can leverage technology in criminal investigations.