Abstract

This Note critically examines the legal intricacies surrounding geofence warrants in the context of the Fourth Amendment, delving into the evolving dynamics of privacy rights and law enforcement capabilities in the digital era. It provides an in-depth analysis of company policies, particularly those of major tech companies, and scrutinizes a range of federal opinions to assess the current legal stance on geofence warrants. The paper advocates for a judicious approach that balances individual privacy with the investigative needs of law enforcement, proposing a refined framework for the application of geofence warrants. This includes a recommendation for a two-step warrant process and clearly defined standards for probable cause, particularity, and overbreadth, aimed at aligning these warrants with constitutional principles and addressing the unique challenges posed by emerging technologies.

How to Cite:

Emily Brodner, Navigating the Terrain of Geofence Warrants, 7 Ariz. L. J. Emerging Tech., no. 2, 2024, https://doi.org/10.2458/azlawjet.6395