A Cyber Police Technique Challenging the Constitution: Is it Legal?
Geofencing Orders Deemed Unconstitutional by Fifth Circuit Court
The Fifth Circuit Court of Appeals issued a surprising ruling on Friday, declaring geofencing orders unconstitutional under the Fourth Amendment. This decision is noteworthy considering the Fifth Circuit’s reputation for favoring law enforcement over individual liberties.
United States v. Smith Case Details
The case at hand, United States v. Smith, revolves around men in Mississippi arrested for armed robbery in 2018. After months with no suspects, the police utilized a geofencing order at the crime scene to pinpoint potential perpetrators within a specific hour. Google provided the necessary information, leading to the arrests of two men whose phones indicated their presence in the area during that timeframe.
Police Protocol for Geofencing Implementation
The court’s ruling outlined the three crucial steps for police when executing a geofencing order. Initially, they must provide Google with the desired time and location for investigation. Subsequently, Google sifts through anonymous data from devices interacting with the specified area and time, sifting through millions of records. In the next phase, police analyze and refine the data, selecting the devices warranting further investigation. Finally, the police seek identifying information from Google regarding the most pertinent devices, leading to the disclosure of names and associated emails.
Diverging Opinions on Geofencing Orders
Interestingly, the recent ruling contradicts a similar decision by the Fourth Circuit last month, which upheld geofencing orders. The number of geofencing requests surged from 9,000 in 2019 to 11,500 in 2020, with approximately 25% of Google orders in 2021 being for geofencing.
As of Wednesday, Google had not responded to inquiries about the ruling. Further updates will follow if a response is received.
