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Geofence warrants to be tested in Virginia bank robbery case

Unlike traditional warrants that zero in on a suspect, geofence warrants seek location history data from Google on electronic devices used near the scene of a crime.
Credit: AP
This aerial drone photo shows the Call Federal Credit Union building, front, Tuesday June 16, 2020, in Midlothian, Va. Police were able to obtain geofence search warrants, a tool being increasingly used by law enforcement. The warrant sought location histories kept by Google of cellphones and other devices used within 150 meters (500 feet) of the bank. (AP Photo/Steve Helber)

RICHMOND, Va. — A controversial investigative technique is getting its first real legal test in a federal courtroom in Richmond, where a judge is being asked to toss out evidence gathered through a geofence warrant in a Virginia bank robbery. 

Unlike traditional warrants that identify a particular suspect, geofence warrants seek location history data from Google on electronic devices used near the scene of a crime. 

Police use of these warrants is exploding. Defense attorneys say the searches unconstitutionally ensnare innocent people and violate the privacy rights of anyone whose cellphone happens to be near a crime scene.

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