Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Geofence warrant

From Wikipedia, the free encyclopedia
Type of search warrant

Ageofence warrant or areverse location warrant is asearch warrant issued by a court to allowlaw enforcement to search a database to find all activemobile devices within a particulargeo-fence area. Courts have granted law enforcement geo-fence warrants to obtain information from databases such asGoogle'sSensorvault, which collects users' historicalgeolocation data.[1][2] Geo-fence warrants are a part of a category of warrants known asreverse search warrants.[3]

History

[edit]

Geofence warrants were first used in 2016.[4]Google reported that it had received 982 such warrants in 2018, 8,396 in 2019, and 11,554 in 2020.[3] A 2021 transparency report showed that 25% of data requests from law enforcement to Google were geo-fence data requests.[5] Google is the most common recipient of geo-fence warrants and the main provider of such data,[4][6] although companies includingApple,Snapchat,Lyft, andUber have also received such warrants.[4][5]

Legality

[edit]

United States

[edit]

Some lawyers and privacy experts believe reverse search warrants are unconstitutional under theFourth Amendment to the United States Constitution, which protects people from unreasonablesearches and seizures, and requires any search warrants be specific to what and to whom they apply.[7] The Fourth Amendment specifies that warrants may only be issued "upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."[7] Some lawyers, legal scholars, and privacy experts have likened reverse search warrants togeneral warrants, which were made illegal by the Fourth Amendment.[7]

Groups including theElectronic Frontier Foundation have opposed geo-fence warrants inamicus briefs filed in motions to quash such orders to disclose geo-fence data.[8]

In 2024, a panel of theUnited States Fourth Circuit Court of Appeals considered data acquired from Google’s Sensorvault not to be a search, but non-private business records when users opt-in to Google’s location history.[9] However, upon a rehearing en banc, the Court vacated that decision. In April 2025, the full Court affirmed the judgment solely on the'good faith' exception, leaving the underlying constitutional question of whether geofence warrants constitute a search unsettled in the Circuit.[10]

However, theUnited States Fifth Circuit Court of Appeals found that geofence warrants are "categorically prohibited by the Fourth Amendment."[11] The split in Circuits may prompt theUnited States Supreme Court to hear the issue.[12]

See also

[edit]

References

[edit]
  1. ^Valentino-DeVries, Jennifer (April 13, 2019)."Tracking Phones, Google Is a Dragnet for the Police".The New York Times.ISSN 0362-4331. RetrievedOctober 17, 2021.
  2. ^Brewster, Thomas (December 11, 2019)."Google Hands Feds 1,500 Phone Locations In Unprecedented 'Geofence' Search".Forbes. RetrievedOctober 17, 2021.
  3. ^abBhuiyan, Johana (September 16, 2021)."The new warrant: how US police mine Google for your location and search history".The Guardian. RetrievedOctober 17, 2021.
  4. ^abc"Geofence Warrants and the Fourth Amendment".Harvard Law Review.134 (7). May 10, 2021.
  5. ^abFussell, Sidney (August 27, 2021)."An Explosion in Geofence Warrants Threatens Privacy Across the US".Wired.ISSN 1059-1028. RetrievedOctober 17, 2021.
  6. ^Rathi, Mohit (2021)."Rethinking Reverse Location Search Warrants".The Journal of Criminal Law and Criminology.111 (3):805–837.ISSN 0091-4169.JSTOR 48617799.
  7. ^abc"Geofence Warrants and the Fourth Amendment".Harvard Law Review.134 (7). May 10, 2021.
  8. ^Lynch, Jennifer; Sobel, Nathaniel (August 31, 2021)."New Federal Court Rulings Find Geofence Warrants Unconstitutional".Electronic Frontier Foundation. RetrievedOctober 18, 2021.
  9. ^United States v. Chatrie, No. 22-4489 (4th Cir. 2024).
  10. ^US v. Okello Chatrie, No. 22-4489 (4th Cir. 2025).
  11. ^Crocker, Andrew (2024-08-12)."Federal Appeals Court Finds Geofence Warrants Are "Categorically" Unconstitutional".Electronic Frontier Foundation. Retrieved2024-08-13.
  12. ^Peikhoff, Amy (September 30, 2024)."Supreme Court urged to restore Fourth Amendment protections for digital data".Pacific Legal Foundation.



Retrieved from "https://en.wikipedia.org/w/index.php?title=Geofence_warrant&oldid=1325819743"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2026 Movatter.jp