Day: May 8, 2023

368 – Are Geofence Warrants Constitutional

Most of us are aware that generally law enforcement to get a warrant before searching our property. Recent advances in technology however have made the distinctions for the necessity of a warrant more and more difficult. For example, can law enforcement search for cellphone data within an area for their criminal investigations? Are these geofence warrants a violation of the Fourth Amendment’s requirement that warrants be issued only when there is probable cause and specifically stating the places to be searched and the things to be ceased? A recent case heard in the California Court of Appeals looks to answer that very question.

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