Supreme Court Limits Police Use of Geofencing in Landmark Decision
In a significant ruling, the U.S. Supreme Court has curtailed the use of geofencing, a law enforcement tool that enables police to access vast tech company databases to locate individuals near a crime scene. The decision, delivered on Thursday, underscores the Court’s stance on privacy in the digital age.
Justice Elena Kagan, writing for the 6-3 majority, highlighted that geofencing infringes upon the Fourth Amendment, which safeguards against unreasonable searches. A “geofence warrant” involves setting a virtual boundary around a crime scene and then obtaining a warrant to compel a tech firm to identify users present within that boundary during the crime.
The ruling was prompted by a case involving a bank robbery in Richmond, Virginia. After a $195,000 theft, local authorities sought Google’s assistance to pinpoint cellphone users near the bank during the crime. Initially, Google identified 19 individuals, but after resisting the warrant, the company narrowed it down to three. Police found evidence at Okello Chatrie’s residence, leading to his confession and conviction.
Chatrie’s defense team contended in court documents that geofence searches breach the Fourth Amendment by allowing authorities to conduct searches without prior suspicion. They argued that this method led to millions of innocent users being investigated.
Conversely, the government maintained in its briefs that location data isn’t constitutionally protected since users voluntarily share it with companies like Google.
This article was originally written by www.npr.org
