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Federal Appeals Court Finds Geofence Warrants Are “Categorically” Unconstitutional
https://www.eff.org ^ | August 12, 2024 | Andrew Crocker

Posted on 08/12/2024 3:01:34 PM PDT by Enterprise

In a major decision on Friday, the federal Fifth Circuit Court of Appeals held that geofence warrants are “categorically prohibited by the Fourth Amendment.” Closely following arguments EFF has made in a number of cases, the court found that geofence warrants constitute the sort of “general, exploratory rummaging” that the drafters of the Fourth Amendment intended to outlaw. EFF applauds this decision because it is essential that every person feels like they can simply take their cell phone out into the world without the fear that they might end up a criminal suspect because their location data was swept up in open-ended digital dragnet.

“the quintessential problem with these warrants is that they never include a specific user to be identified, only a temporal and geographic location where any given user may turn up post-search. That is constitutionally insufficient.”

(Excerpt) Read more at eff.org ...


TOPICS: Constitution/Conservatism; Front Page News; Government; Politics/Elections
KEYWORDS: geofence; surveillance
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There may have been a LOT of J6 defendants who were identified by this method. Initially, investigators did not know who was there. Using Geofence, they could have identified a number with a name, and with facial recognition technology, identified someone who was later prosecuted.
1 posted on 08/12/2024 3:01:34 PM PDT by Enterprise
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To: Enterprise

Bet a few thousdands British patriots wish they had this ruling (and an actual legit constitution and judiciary) in the UK right now, with Herr Starmer and his stormtroopers on the prowl.


2 posted on 08/12/2024 3:08:25 PM PDT by montag813
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To: Enterprise

I can’t disagree with the 5th circuit here, general warrants have always been prohibited.


3 posted on 08/12/2024 3:10:34 PM PDT by usurper (AI was born with a birth defect.)
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To: Enterprise

Have we crossed over into another universe? I don’t even know what Geofence or EFF is...or why I should be concerned.


4 posted on 08/12/2024 3:10:55 PM PDT by Thank You Rush
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To: Enterprise

Cell phones—do leave home without them—or you have zero privacy.

Of course the Feds can still spy on you using everybody else’s cell phone.

If you want privacy go live in the woods and get a dog.

It works for me.

:-)

The notion that the legal system is going to fix this is absurd.

I would not even begin to believe it possible until hundreds of Feds are sitting in prison for spying on innocent citizens.


5 posted on 08/12/2024 3:11:36 PM PDT by cgbg ("Our democracy" = Their Kleptocracy)
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To: Enterprise

Speaking of geofencing, whatever happened to the ballot stuffers in ‘2,000 Mules’?


6 posted on 08/12/2024 3:12:23 PM PDT by Mr. N. Wolfe
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To: Enterprise

You mean like the J-6 folks who got banged up in the basement for being in the same town that day?


7 posted on 08/12/2024 3:18:56 PM PDT by FrozenAssets (You don't have to be crazy to live here, but it helps)
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To: Mr. N. Wolfe

They’re probably the reason the court ruled this way. Can’t be used as evidence against the mules.


8 posted on 08/12/2024 3:19:23 PM PDT by chuckb87
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To: Thank You Rush

I believe that it would be something like a warrant for the identity of everyone whose cell phone data identifies them as being within a certain distance of location X at a specific time.


9 posted on 08/12/2024 3:20:22 PM PDT by CraigEsq (,)
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To: Thank You Rush

It’s a blanket search warrant for EVERYONE in a given area of the government’s definition, for purposes of all electronic signals, messages, etc.

They don’t have a name to otherwise only request, so they include you, without your knowledge, and they know everything do did with your electronic stuff. Sent messages or went somewhere? They can now follow you around, like they did to Trump and his people.


10 posted on 08/12/2024 3:20:58 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Enterprise
Federal Appeals Court Finds Geofence Warrants Are “Categorically” Unconstitutional

A boon to all the J-6rs arrested because their phone was in the area of DC?

11 posted on 08/12/2024 3:25:49 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Thank You Rush
Have we crossed over into another universe? I don’t even know what Geofence or EFF is...or why I should be concerned.

It means tracking whether or not your phone entered a zone of interest. (which they define when they are looking at movements of phones within their area of interest.)

For example, every out of area code number in Washington DC on January 6th, 2021.

12 posted on 08/12/2024 3:27:54 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Enterprise

Good news.


13 posted on 08/12/2024 3:45:28 PM PDT by plain talk
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To: Enterprise

WOW! This seems huge - is it?


14 posted on 08/12/2024 4:20:43 PM PDT by Montana_Sam (Truth lives.)
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To: cgbg

Hundreds?


15 posted on 08/12/2024 4:22:15 PM PDT by ChildOfThe60s ("If you can remember the 60s....you weren't really there")
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To: montag813

The US geofence case and UK cases sound to me, a layman with no legal training, like the sort of general warrants that were outlawed in Great Britain in the 18th century in rulings in the cases brought against John Wilkes the English radical/reformer and member of Parliament.

I may be misunderstanding the issues, so....


16 posted on 08/12/2024 4:23:03 PM PDT by skepsel ("A cat is more intelligent than people believe, and can be taught any crime", Mark Twain.)
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To: Mr. N. Wolfe

In THAT case, geofencing was junk. When it’s used for J6 protestors, it’s the gold standard.


17 posted on 08/12/2024 4:24:59 PM PDT by FrankRizzo890
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To: DiogenesLamp
A boon to all the J-6rs arrested because their phone was in the area of DC?

A boon to the one who sued. (Someone reported him being in the Capitol based on overhearing a conversation; he snitched on the J6er to the feds, who then found his cell phone number. They confirmed his cell phone was at the Capitol and furthermore, that it was inside the building. They found two locations where it was within close camera range and then asked the snitch for a description of the guy. With that description, they located a possible match and showed it to the snitch for confirmation. When he confirmed it, they made the arrest.)

That guy will probably walk. Anyone who was identified by pictures or FB posts will probably not be helped.

18 posted on 08/12/2024 4:28:11 PM PDT by Captain Walker ("It is infinitely better to have a few good Men, than many indifferent ones." - George Washington)
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To: Thank You Rush

It’s the equivalent of the government having someone available to follow you around without a warrant, suspicion or justification simply because the cell phone tracking/location technology makes it easier than having someone trail everyone.

In many court cases, guilt is almost solely determined by the phone’s location. To me as a juror, the government would have put that phone in the defendant’s hand and PROVE it was there with the defendant all the time. No assumptions.


19 posted on 08/12/2024 4:33:08 PM PDT by Gaffer
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To: Montana_Sam

It does seem huge to me. But I have learned to temper my expectations to see how it plays out in the course of time.


20 posted on 08/12/2024 4:34:00 PM PDT by Enterprise
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