Washington, DC – January 6, 2021: Protesters seen all over Capitol building where pro-Trump supporters riot and breached the Capitol. Credit: lev radin/Shutterstock.com Geofence Warrants, January 6 and the Fourth Amendment
Recently, litigation in several of the January 6th cases has disclosed the extensive use of this geofence search warrants. The Fourth Amendment implications raised by the use of this new investigative tool will be discussed in this column.
December 22, 2022 at 09:45 AM
9 minute read
In the world of business and advertisement, geofencing is a location-based service in which an application or other software uses GPS, RFID, Wi-Fi or cellular data to trigger a pre-programmed action when a mobile device or RFID tag enters or exits a virtual boundary set up around a geographical location, known as a geofence. Additionally, for other reasons, the technology has become a standard feature in most new cars. For instance, in these cars you plug your cell phone, iPhone or Android, into the USB port and like magic your location pops up on the dashboard screen in a map-like visual. Law enforcement agencies nationwide have adapted this technology for their own purposes. Geofence search warrants are used by law enforcement to locate and identify anyone in a given area using digital services such as Google location history. Recently, litigation in several of the January 6th cases has disclosed the extensive use of this law enforcement surveillance tool. The Fourth Amendment implications raised by the use of this new investigative tool will be discussed below.
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