US Supreme Court rules geofence warrants require constitutional protections
7 hours ago
- #Privacy Rights
- #Supreme Court
- #Geofence Warrants
- US Supreme Court ruled 6-3 in Chatrie v US that law enforcement's use of geofence warrants to obtain smartphone location data requires Fourth Amendment privacy protections, considering it a 'search' with a 'reasonable expectation of privacy.'
- Geofence warrants allow law enforcement to compel tech companies like Google to hand over location data within a virtual 'fence' near crime scenes, raising concerns about overbreadth and lack of probable cause, potentially sweeping in innocent users.
- Justice Elena Kagan's majority opinion stated that individuals have privacy expectations in cell phone location records, even if data is held by third parties, rejecting arguments that public presence or voluntary location history use negates such protection.
- Privacy advocates and judges highlighted risks, noting geofence warrants could reveal sensitive information on associations, monitoring places like clinics, churches, or protests, with Google acknowledging high risks of including innocent users in searches.
- The ruling builds on a 2018 precedent requiring warrants for cellphone tracking, marking a key step in applying constitutional privacy to the digital era, though courts will further assess reasonableness and probable cause for such searches.