Download This PaperThe Rise of Technology and Its Effect on Search and Seizure Analysis: The Constitutionality of Geofencing Warrants Under the Supreme Court’s Fourth Amendment Jurisprudence
33 Pages Posted: 16 Aug 2023
Date Written: April 26, 2023
Abstract
Geofencing warrants submitted to Google have raised significant constitutional concerns, presenting complex legal questions for lower courts to grapple with. This article provides clarity by explaining the purpose of geofencing warrants and their role in assisting law enforcement through Google's 3-Step process. It summarizes relevant U.S. District Court opinions and critically examines the applicability of the Supreme Court's third-party doctrine, which has implications for both historic and modern technology, to geofencing warrants. Furthermore, it analyzes geofencing warrants under the Fourth Amendment's particularity requirement while examining both originalist and non-originalist methods of interpretation to reach its conclusions.
In addition, the article addresses potential privacy concerns and identifies narrow circumstances in which geofencing warrants, as currently structured by Google, may comply with the Fourth Amendment. This comprehensive analysis serves as a valuable resource for legal scholars, practitioners, and policymakers grappling with the evolving landscape of geofencing warrants and constitutional law, providing insights for further developments in this area.
Keywords: Criminal Law, Constitutional Law, Criminal Procedure, Geofence, Geofencing
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