Friday, April 24, 2026

""Don't ever take a fence down until you know why it was put up"". Does this include a "geofence"?

 The above is a quote from GK Chesterton (see short video HERE).

Bottom line on the parameters for what constitutes a 4th Amendment search of "persons."

"...Thus, a Fourth Amendment search occurs when the government infringes on either a property interest, or a reasonable expectation of privacy...."

This quote comes from the "cert petition" for an upcoming Supreme Court case on the legality of a "geofence" search warrant. I was not aware of such a thing before, but the case is very interesting.

Do you have (1) a "property interest" in the location data that Google et al collect from your phone, and (2) do you have an "expectation of privacy" in/from the "third party" use of certain cell phone data?

The case is "Chatrie vs US," and the question presented that the Supreme Court will address is:

"Whether the execution of the geofence warrant violated the Fourth Amendment."


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