In a landmark ruling, the 5th U.S. Circuit Court of Appeals has declared geofencing warrants unconstitutional, setting the stage for a potential showdown in the Supreme Court.
Geofencing warrants, which allow law enforcement to obtain location data from devices within a specific area and time frame, have become a critical technology tool in modern investigations.
However, the court found that these warrants violate the Fourth Amendment’s protection against unreasonable searches and seizures.
This decision marks a significant departure from a recent ruling by the 4th U.S. Circuit Court of Appeals, which found in United States v. Chatrie that obtaining such data did not constitute a Fourth Amendment search.
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Role of Geofencing Warrants
Geofencing warrants have been used in a variety of criminal investigations, from burglaries to high-profile cases like the January 6th Capitol riot.
