Geofence Warrants and the Digital Dragnet: Fighting Broad Cellphone Location Sweeps in Georgia Criminal Cases
Prosecutors in Georgia are using geofence warrants more and more to place people near a crime scene. These warrants collect location data, usually pulled from Google, from every phone in a certain area during a set time period. The issue? Most of the people caught up in that sweep haven’t done anything wrong.
How Geofence Warrants Work and Why They Raise Red Flags
A geofence warrant flips the traditional model of criminal investigation. Instead of naming a suspect and asking for their records, police request data from every phone in a location at a certain time, then work backward to find suspects. Companies like Google provide this data in stages:
- A list of anonymized devices
- The list is narrowed down
- User identities once police select targets
The Georgia Supreme Court addressed this in Jones v. State (2024). The court upheld a geofence warrant that was limited to 100 meters and four hours, emphasizing the judge’s role in reviewing each step. Still, the ruling left room for future challenges when warrants are too broad or lack clear limits.
Key Legal Arguments Under the Fourth Amendment
Defense lawyers can fight geofence warrants by pointing to two constitutional requirements: probable cause and particularity. The Fourth Amendment doesn’t allow searches that sweep up data from hundreds of innocent people.
While some courts have questioned the scope of these warrants, the Fourth Circuit Court of Appeals upheld one in United States v. Chatrie (2024). The court ruled that the defendant had no reasonable expectation of privacy in location data voluntarily shared with Google. It also found that accessing two hours of data didn’t qualify as a full Fourth Amendment search.
Location data is sensitive. It can reveal visits to doctors, churches, or private homes. That’s why the U.S. Supreme Court ruled in Carpenter v. United States (2018) that accessing long-term location records without a warrant violates privacy rights.
We Help Georgia Defendants Challenge Digital Overreach
At Morris & Dean, we help clients push back against overbroad geofence warrants. If you’ve been charged based on cellphone location data, we’ll break down the warrant, check for flaws, and work to keep illegal evidence out of court. Contact us today to see how we can help.