In a major decision on Friday, the federal Fifth Circuit Court of Appeals held that geofence warrants are “categorically prohibited by the Fourth Amendment.” Closely following arguments EFF has made in a number of cases, the court found that geofence warrants constitute the sort of “general,...
The new Fifth Circuit case, United States v. Smith, involved an armed robbery and assault of a US Postal Service worker at a post office in Mississippi in 2018. After several months of investigation, police had no identifiable suspects, so they obtained a geofence warrant covering a large geographic area around the post office for the hour surrounding the crime. Google responded to the warrant with information on several devices, ultimately leading police to the two defendants.