Geofencing warrants, which round up the location data of everyone in a specific place at a specific time, are now legally subject to Fourth Amendment protections.
Articles on Search warrants
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Geofencing warrants round up the location data of everyone in a specific place and time, whether or not they had any connection to a crime – a test of the Fourth Amendment in the digital age.
A government filing on August 30, 2022, alleges that efforts were likely taken “to obstruct the government’s investigation” into classified documents held at Donald Trump’s Florida home.
A search warrant expert breaks down the affidavit the FBI used to search Mar-a-Lago, and the national security concerns it presents.
Trump’s lawsuit against the FBI has been criticized as baseless. But it spotlights a loophole in federal law that doesn’t protect people’s rights when they are subjected to a search warrant.
A legal scholar analyzes the unsealed warrant for the FBI’s recent search of Donald Trump’s home and the list of materials seized there. The implications for Trump are potentially grave.
There’s a high bar for a federal judge to grant a search warrant, indicating there is probable cause that Trump committed a crime by holding classified documents at Mar-a-Lago.
The court’s decision reflects serious weaknesses in how warrants are issued and underscores the need for urgent reform.
The succession of data access legislation in the Australian parliament is fast becoming a Mad Hatter’s tea party. We need better oversight, and fast.
A recent US Supreme Court ruling marks a new milestone in the debate over police power and privacy in the digital age.
People’s most private information isn’t on paper locked in desks anymore – it’s online, stored on corporate servers. The Supreme Court now says some privacy protections cover that data.
Should police be able to use cellphone records to track suspects – and law-abiding citizens?
Huma Abedin’s emails belong to her; the search warrant should be served upon her. Once that happens, she can challenge the warrant’s legality.
The FBI has a history of abusing search warrants to illegally read Americans’ emails. Did the agency just do it again, in the highest of all high-profile situations?
We don’t expect our own government to hack our email – but it’s happening, in secret, and if current court cases go badly, we may never know how often.
If a computer search would qualify for a warrant if its whereabouts were known, why should simply hiding its location make it legally unsearchable?
Top contributors
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Professor of law and ethics, Georgia State University
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Affiliated Faculty Member, Institute for Computational and Data Sciences, Penn State
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Associate Professor of Law and Director of Criminal Practice Clinic, University of New Hampshire
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Professor of Law, Wayne State University
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Adjunct Professor, Australia-China Relations Institute, University of Technology Sydney
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Associate Professor, TC Beirne School of Law, The University of Queensland
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Bernard A. Galler Collegiate Professor of Electrical Engineering and Computer Science, University of Michigan
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Senior Researcher, Networking and Security, International Computer Science Institute, University of California, Berkeley