NACDL - Geofence Warrants

Geofence Warrants

Geofence warrants are a type of reverse warrant where the government seeks to know who was within a “geofence,” a defined physical area during a specific period of time. These are a type of “reverse warrant,” used to identify suspects when none are known without the data gathered by the warrant. The government utilizes geofence warrants to compel companies, such as Google, to produce information about devices interacting with their technology within a particular geographic region, which often includes many people who are wholly unconnected to the event being investigated.

Key Resources

Geofence Primer
Outlines how geofence warrants are constructed and outlines strategies to challenge them in criminal cases

Motions and Briefs

Sample Motion to Suppress
Redacted example of a motion to suppress that argues geofences warrants are overbroad and violate 4th Amendment protections
Sample Discovery Motion
Motion from Chatrie (more below) requesting discovery on the use of Google’s Sensorvault data

Cases

United States v. Chatrie
Motions, briefs, amicus filings, court transcripts, and ruling on the constitutionality of a warrant the collects the location information of hundreds of people who were near the scene of a crime

People v. Dawes
Motions and briefs, amicus filings, and Google declaration on the constitutionality of a warrant the collects the location information of hundreds of people who were near the scene of a crime

United States v. Fuentes
Motions, briefs, and ruling on the constitutionality of a geofence warrant and on whether good faith applies

Video Trainings

When Google Searches for You-Challenging Geofence Warrants
This webinar from November 10, 2021 features Michael Price, the Fourth Amendment Center’s Litigation Director, Laura Koenig, an Assistant Federal Public Defender in Richmond Virginia, and Spencer McInvaille, a Digital Forensic Examiner at Envista Forensics. Jumana Musa, the Director of the NACDL’s Fourth Amendment Center served as moderator for the panel.

Additional Resources

Sample Subpoena for Google Account change history (redacted)
For more court documents, review the Chatrie and Dawes case pages
The Digital General Warrants Encroaching on Your Right to Privacy with Mike Price

Explore Other Resources

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