Appeals Court Sidesteps The Big Questions on Geofence Warrants

Another federal appeals court has ruled on controversial geofence warrants—sort of. Last week, the US Court of Appeals for the Fourth Circuit sitting en banc issued a single sentence opinion affirming the lower court opinion in United States v. Chatrie. The practical outcome of this sentence is clear: the evidence collected from a geofence warrant issued to Google can be used against the defendant in this case. But that is largely where the clarity ends, because the fifteen judges of the Fourth Circuit who heard the en banc appeal agreed on little else. The judges wrote a total of nine separate opinions, no single one of which received a majority of votes. Amid this fracture, the judges essentially deadlocked on important constitutional questions about whether geofence warrants are a Fourth Amendment search. As a result, the new opinion in Chatrie is a missed opportunity for the Fourth Circuit to join both other appellate courts to have considered the issue in finding geofence warrants unconstitutional.

Geofence warrants require a provider—almost always Google—to search its entire reserve of user location data to identify all users or devices located within a geographic area and time period both specified by law enforcement. This creates a high risk of suspicion falling on innocent people and can reveal sensitive and private information about where individuals have traveled in the past. Following intense scrutiny from the press and the public, GoogleThis article has been indexed from Deeplinks