Most people are aware that police cannot typically search a person’s cellphone without their consent or a search warrant. We discussed this in a recent blog post.
But, can law enforcement use their resources to find out if someone’s phone was in the vicinity of a crime? That’s another question. The U.S. Supreme Court (SCOTUS) ruled on that in one of its final decisions before recessing until the fall.
The SCOTUS decision
In a 6-3 decision that brought together several of the more conservative justices and those who are considered liberal, the majority ruled that a modern law enforcement technique known as “geofencing” requires probable cause just like a traditional search warrant to help ensure people’s Fourth Amendment protection against unreasonable searches.
The SCOTUS decision does not prohibit the use of geofence warrants, which are a type of “reverse search warrant.” However, it does require that they receive more scrutiny from judges before being signed and must limit the parameters to that of a “reasonable” search in terms of time and location. Writing for the majority, Justice Elena Kagan said, “The Fourth Amendment must, as ever, protect against unjustified government intrusion on the privacy of the individual.”
The case before the court
The specific case that made it to the high court involved a warrant served on Google to determine what cellphones were near or in a bank in a two-hour period surrounding a nearly $200,000 robbery. That information led them to the suspect, who confessed and was convicted before challenging the method used to identify him.
The attorneys for the defendant argued that geofence searches violate the Fourth Amendment because they allow law enforcement “to search first and develop suspicions later.” SCOTUS left it to the lower court in this case to determine whether the geofence warrant was valid under the Fourth Amendment.
In his dissent, Justice Samuel Alito chastised the majority for “striking a pose as a great champion of privacy in the digital age.” However, as increasingly more information is available if tech companies are required to provide it, it’s critical to ensure that our basic rights are protected.
These geofencing searches can potentially uncover millions of people’s locations. While users can choose not to allow individual phone apps to track them, some apps need to always know a user’s location to work effectively – for example, to notify them of nearby fires and other emergencies.
If evidence is obtained illegally, it can end an entire criminal case. That’s one reason it’s smart to get sound legal guidance as early as possible if you or a loved one is charged with a crime. The law is ever-evolving, and understanding its nuances can impact a case profoundly.