Fifth Circuit Court Rules Geofence Warrants Unconstitutional, Citing Fourth Amendment

Aug 13, 2024, 09:41 AM

The U.S. Court of Appeals for the Fifth Circuit has ruled that geofence warrants are categorically unconstitutional, marking a significant win for privacy advocates. Geofence warrants, which involve blanket requests to tech companies like Google to identify all mobile devices in a specific area at a certain time, have been deemed a violation of the Fourth Amendment. This decision contrasts with a recent ruling by the Fourth Circuit, creating a split in judicial opinion on the matter. The Fifth Circuit's decision emphasizes that users retain Fourth Amendment rights despite any consent to data sharing, which the court found to be essentially meaningless. This ruling is expected to significantly limit the use of geofence search warrants across several U.S. states.