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Fourth Amendment

Golden Gate University School of Law

GGU Law Review Blog

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Search and seizure

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Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law Apr 2021

Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law

GGU Law Review Blog

Imagine a world where a king could compel the search of anybody, anywhere, and for anything. This world inspired James Madison to draft the Fourth Amendment, and is also a world we are returning to. The Fourth Amendment was created to protect against indiscriminate general warrants used in Georgian England, which subjected colonists to unrestricted invasions of privacy. Today, these general warrants come with a new name and in a new form: geofence warrants. Geofence warrants permit law enforcement to obtain the location data of every person that was in a specific geographic area where a crime occurred, in an …