The U.S. Supreme Court is considering whether police warrants obtaining broad cellphone location data are lawful under the Fourth Amendment's protection against unreasonable searches and seizures.
Key Takeaways
The U.S. Supreme Court is considering whether police warrants obtaining broad cellphone location data are lawful under the Fourth Amendment's protection against unreasonable searches and seizures.
- Case stems from an armed robbery in Midlothian, Va., on May 20, 2019.
- Geofence warrant allowed investigators to collect data about cellphone users near the crime scene from Google.
- Data identified Okello Chatrie as the prime suspect and led to his conviction for armed robbery and brandishing a firearm.
- Supreme Court is expected to rule by the end of June.
Source Claims Check
High Consensus| Claim | Status | Reason | |
|---|---|---|---|
| Geofence Warrant Usage | Broad Agreement | Google saw a 1,500% increase in geofence requests from 2017 to 2018 and a further 500% increase fro… | |
| Geofence Warrant Process | Broad Agreement | Geofence warrants involve collaboration between law enforcement and Google, with three steps: speci… | |
| Fourth Amendment Particularity Requirement | Broad Agreement | The Fourth Amendment's particularity requirement forbids general warrants. |
According to UPI, the case stems from an armed robbery in Midlothian, Va., on May 20, 2019. Investigators obtained a geofence warrant allowing them to collect data about cellphone users near the crime scene from Google.
The data identified Okello Chatrie as the prime suspect and led to his conviction for armed robbery and brandishing a firearm. He was sentenced to nearly 12 years in prison but appealed, arguing that the geofence warrant violated his constitutional rights.
As reported by Reuters, during Monday's oral arguments, Chief Justice John Roberts questioned what would prevent the government from using this method to find out the identities of people at specific locations. Conservative Justice Samuel Alito appeared to side with law enforcement, emphasizing that Chatrie had voluntarily activated his location data.
The case highlights tensions between an 18th-century constitutional provision and digital-age technology transforming how crime is investigated. The Supreme Court is expected to rule by the end of June.
According to The Conversation, Google tracks the vast majority of cellphones in the United States, collecting location, usage, and device data through installed software and apps. This tracking occurs even when users turn off location history, and the data is kept for years. The geofence warrant used in this case compelled Google to search its database and identify every cellphone in a 17½-acre area around the bank, including private residences and a church, for a period of two hours.
The Conversation also notes that there has been a significant increase in law enforcement’s use of geofence warrants over the past decade. Google revealed it received an 1,500% increase in geofence requests from 2017 to 2018 and a further 500% increase from 2018 to 2019. By 2020, Google had processed over 11,500 geofence warrants annually.
The Fourth Amendment's “particularity” requirement strictly forbids general warrants. Geofence warrants are often called reverse warrants because they gather all devices in a time and place, and then police sift through for potential suspects. This process raises significant privacy and civil liberties concerns due to the close collaboration between law enforcement and Google.
How this summary was created
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