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The defense argues that the geofence warrant in Fuentes was unconstitutional. They assert that it violated the Fourth Amendment and that the evidence should be suppressed due to intentional, reckless, and grossly negligent omissions and deceptions by law enforcement.
This decision granted the defendant's motion to suppress evidence obtained through a geofence warrant, ruling that the warrant lacked probable cause and was overly broad, constituting a general warrant. The court found that the search violated the Fourth Amendment as it did not adhere to the required three-step process to protect user anonymity. The court also rejected the government’s argument for a good faith exception, noting that the affidavit contained false information and lacked necessary details. The court suppressed all evidence from the geofence warrant.
Sample Motion to Suppress Keyword Search Warrant Template
The Colorado Supreme Court's ruling on the Rule 21 petition in the Seymour case.
The attached motion to suppress from People v. Seymour challenges the constitutionality of a reverse keyword warrant served on Google for anyone who searched for a particular physical address over 15 days. If you have a reverse search case or additional questions, please contact the Fourth Amendment Center at 4ac@nacdl.org
Motion to Suppress Geofence Warrant (ECF 29)
Geofence Discovery Motion
Amicus Brief by Google in Support of Neither Party
This redacted motion aims to serve as an example for attorneys drafting similar motions to suppress evidence from geofence warrants.
The full appeal brief as filed attached below.
Petition for Rehearing En Banc in US v. Chatrie in the Fourth Circuit Court of Appeals on the issue of geofence warrants
US v. Chatrie EDVA Ruling
Google Affidavits Responding to Subpoena
This is a redacted sample subpoena seeking infromation from Google. The document can serve as an example for attorneys looking to file something similar.
This redacted motion is a useful example for attorneys working to suppress evidence from a facial recognition identification. As an alternative to suppression, the motion also requests a reliability hearing.
