Supreme Court Places Limits on Geofence Warrants
Data privacy is an issue that is becoming more and more important as people realize the vast amounts of information that companies gather about where they go, what they buy, what websites they visit, and nearly every other aspect of their lives. These concerns may arise during criminal cases when law enforcement officials take steps to access people’s data and use it to identify suspects and charge people with crimes. Privacy advocates have been working to limit these practices and protect people’s rights, and they recently achieved a victory when the Supreme Court ruled on the use of "geofence" warrants.
People who are facing criminal charges may need to determine how to address the methods used by investigators, including uncovering any violations of their rights. Issues related to digital evidence, online activity, cell phone location data, and data privacy can be complex, but an attorney who understands these matters can provide a strong defense. At Woolf & Ross Law Firm, LLC, our lawyers can take steps to protect our clients’ rights as we help them defend against criminal convictions.
Supreme Court Ruling Addresses Digital Searches
In recent years, law enforcement officials have been able to gain access to people’s data and use it to identify suspects and charge people with criminal offenses. Typically, when performing searches, officers are required to obtain warrants. However, the warrants they have used in many cases have been very broad. These include "geofence" warrants, which are used to obtain cell phone records showing who was in a certain location during a specific window of time.
Geofence warrants have come under fire from privacy advocates due to their broad nature. They can be used to identify a large number of people, many of whom had nothing to do with the offense being investigated. This has raised concerns about how warrants may be abused, such as by gathering information about everyone who was at a church, political rally, or other location.
A recent ruling by the Supreme Court has addressed geofence warrants. In the case of Chatrie v. United States, a man was arrested for robbing a bank after police served Google with a geofence warrant to review the location histories of users and identify everyone who was in the surrounding area at the time of the robbery. The defendant argued that the search was unconstitutional because it covered a large number of people without probable cause indicating that a specific person was likely to have committed the crime.
Privacy advocates have made similar arguments against geofence warrants. They believe that people should have a reasonable expectation of privacy regarding their data. Even though this data is entrusted to tech companies like Google, this does not mean that the government can obtain and review data. Advocates believe that people should have ownership of their own data and that the government should be required to meet specific requirements before conducting intrusive searches.
While the Supreme Court did not find that geofence warrants are unconstitutional, it found that they are considered to be searches under the Fourth Amendment. This means that the government is required to obtain a search warrant based on probable cause before conducting a search. Based on this ruling, a lower appeals court will determine whether the search that was conducted in this case violated the Fourth Amendment.
This ruling may open the door for challenges to geofence warrants and similar searches of people’s data. Defendants who were identified through general warrants that gathered large amounts of data from multiple people may be able to argue that their rights were violated. This may serve as a powerful defense against multiple types of criminal charges.
Contact Our Hartford Criminal Defense Attorneys
While the Supreme Court’s ruling in this case may be a victory for privacy advocates, people who are facing criminal charges will need to determine what steps may be taken to address digital searches and protect their rights. At Woolf & Ross Law Firm, LLC, our Connecticut criminal defense lawyers can provide guidance on the ways these issues may be addressed during a criminal case, and we will work to ensure that our clients can challenge unconstitutional searches and defend against convictions. Contact our office today at 860-290-8690 to schedule a free consultation.





