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Don’t let police track your data: Your new geofencing rights

On Behalf of | Jul 1, 2026 | Criminal Defense

Police have increasingly used technology to track people near a crime scene. A new U.S. Supreme Court case, Chatrie v. United States, clarified how your rights apply to the practice known as geofencing. The ruling supports your Fourth Amendment right to privacy for your phone’s location history.

What is a geofence warrant?

A geofence warrant lets police draw a digital border around a certain place and time. They then give the warrant to a tech company such as Google, requesting data on all users whose phones were within that “fence.” This tool can help find suspects or witnesses in old cases.

The main problem with these warrants is that they are too wide. They gather location data on everyone in an area. This includes people just walking by, living nearby or visiting a shop. This raises serious privacy questions for many innocent people.

The Supreme Court’s view on digital privacy

To answer these privacy questions, the Supreme Court held that obtaining location data through a geofence warrant constitutes a “search” under the Fourth Amendment. With this determination, the court sent the case to a lower court. That court must now decide whether the search was “reasonable” and whether it met the Constitution’s requirements for probable cause and particularity.

This ruling shows that the Fourth Amendment’s rules apply to this tech. It confirms people have a real right to privacy for the large amount of location data their phones collect. The government cannot get this data without a good reason.

How this decision impacts criminal investigations

This rule changes how police can run investigations that use location data. Police may now need to be clearer in their warrant requests. They may have to shrink the time and area to avoid getting data from people not involved. The idea of “searching first and finding suspects later” now faces a big challenge.

Because of this, courts may exclude evidence obtained under a geofence warrant that is too broad. Defense lawyers in New York and across the U.S. can now use this ruling to challenge these digital searches.

What the ruling means for your rights

The Supreme Court’s decision is a big step for digital privacy. It shows that your Fourth Amendment rights against unfair searches cover the detailed location history on your phone. The ruling gives people a stronger case to fight broad government tracking.

It shows that as tech changes, our rights must change with it. Your private data is not an open book for the police just because another company stores it.