Geofencing is a location-based service commercially available in which an application or other software uses GPS, RFID, Wi-Fi or cellular data to trigger a reprogrammed action when a mobile device or RFID tag enters or exits a virtual boundary set up around a geographical location, known as a geo fence.

Law enforcement’s use of this methodology has been significantly increased in the last several years. The most recent high profile use in the Jan. 6 cases. See, generally, Crusco, “Geofence, January 6 and the Fourth Amendment”, New York Law Journal, Dec. 27, 2022. Geofencing continues to be used by law enforcement nationwide and its controversial nature has only grown. This article will address the Fourth Amendment implications in its continued use.