Wednesday, September 15, 2021
From Bloomberg, via FourthAmendment.com:
Chatrie’s lawyers argue that the warrant used to collect Google location data is unconstitutional because law enforcement cast a broad net to find a suspect, capturing other people’s information in the process.
“Geofence warrants have drawn criticism because they can capture and reveal considerable amounts of information about people who simply happen to be in the area, but have no actual connection to the subject of the warrant,” said John Seiver, who litigates privacy cases for Davis Wright Tremaine LLP.
Courts typically have accepted that collecting unrelated data is “inevitable,” Seiver said, so it comes down to whether the warrant’s search area is reasonably drawn to boost the chances of finding evidence.