"The en banc Fourth Circuit ruling, affirming a lower court's decision on geofence warrants, underscores a constitutional dilemma without clear consensus among judges."
"The lack of agreement among the fifteen judges on whether geofence warrants constitute a Fourth Amendment search highlights significant legal uncertainties."
The Fourth Circuit Court has upheld a lower court ruling regarding geofence warrants utilized by law enforcement, allowing evidence gathered from these warrants to be admissible in court. However, the judges were deeply divided, producing nine separate opinions with no majority consensus on the constitutional issues at play, specifically regarding the Fourth Amendmentâs protections against unreasonable searches. This situation underscores an ongoing debate over privacy concerns tied to geofence warrants, particularly as tech company Google has announced changes to their data storage practices in response to mounting scrutiny.
Read at Electronic Frontier Foundation
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