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Ars Technica2 min read

Supreme Court Limits Geofence Warrants

Supreme Court Limits Geofence Warrants

The Supreme Court ruled on Monday that the Fourth Amendment protects a user's "location history," significantly limiting the government's ability to obtain geofence warrants. The majority opinion, a 6-3 split, established that law enforcement must secure a warrant and demonstrate probable cause before compelling third-party companies, such as Google, to hand over the location data collected from cellphones.

The court's reasoning extended existing protections for a cellphone's real-time tracking capabilities to the historical location data stored by service providers. The majority found "no good reason exists to reach a different result for Location History" compared to the data already protected. This decision clarifies that turning a phone's location-tracking services into a government surveillance tool requires judicial oversight.

This ruling addresses concerns that widespread geofence warrants, which allow law enforcement to request data about all devices within a specific area and time, could infringe upon the privacy of individuals not suspected of any crime. By requiring a warrant based on reasonable cause, the court aims to balance law enforcement needs with the constitutional right to privacy against unreasonable searches and seizures.

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