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.