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‘Possible Cause’ Is All That’s Needed for Geofence Warrants

Loaded on March 15, 2022 by Douglas Ankney published in Criminal Legal News April, 2022, page 50
Filed under: Police State-Surveillance, Electronic Surveillance. Location: Wisconsin.

by Douglas Ankney

Thousands of protesters stormed the streets of Kenosha, Wisconsin, in response to yet another killing of a Black man. At the Kenosha Public Library, lighter fluid and rags were found in a window well. There were no eyewitnesses to the incident. Agents from the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) established a geofence for a period of two hours.

A geofence is a dragnet cast by cops using GPS datapoints and cellphone information obtained from companies like Google to determine who was in the area within the specified time period. To access the information, police use a geofence warrant (also known as a reverse warrant). Probable cause isn’t necessary. Law enforcement can identify you—as it’s possible cause you were there.

On the night of the geofence surrounding the library, thousands of innocent protesters likely gathered in the nearby park. It was the most logical meeting place. But the geofence and their cellphones have made them eligible for a face-to-face encounter with a federal agent. It’s possible, cause they were there, right?

A team of 50 arson investigators from the ATF were deployed to Kenosha to solve the many arsons in the wake of the protest. So far, six unsealed warrants show persistent efforts to use Google’s location services to identify Android users within the many geofences established around arson incidents. At least seven geographical zones were targeted for periods as long as two hours.

The next time a crime happens in your neighborhood, don’t be surprised if an agent knocks on your door. It’s possible cause you were there.   

Source: techdirt.com

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  2. Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum, by Dale Chappell
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  8. Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate, by David Reutter
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  13. Ending Eyewitness Memory Contamination, by Matthew Clarke
  14. Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment, by Jacob Barrett
  15. Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’, by David Reutter
  16. Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant, by Douglas Ankney
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