These warrants rely on data collected from smartphones, drawing a virtual perimeter—or “geofence”—around a specific area and time. Investigators then obtain an anonymous list of devices that were within the geofence, allowing them to narrow down potential suspects.
Despite their usefulness, geofencing warrants are controversial due to privacy concerns and their broad application.
Circuit Split
The 5th Circuit’s decision has created a circuit split, as the 4th Circuit previously upheld the use of geofencing warrants. Such splits often prompt the Supreme Court to step in to ensure consistency across the country.
However, it remains unclear whether the high court will address the issue soon, especially since both circuit rulings were made by three-judge panels, and full appeals courts may still weigh in.
The Supreme Court has been reluctant to take on Fourth Amendment cases in recent years, but with technology evolving rapidly, the debate over geofencing warrants may soon reach their docket.
