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California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed
Loaded on May 15, 2023
by Richard Resch
published in Criminal Legal News
June, 2023, page 32
Filed under:
Cell Site Location Information ("CSLI"),
Good Faith,
Fourth Amendment.
Location:
California.
by Richard Resch
The Court of Appeal of California, Second Appellate District, held that a geofence warrant used to gather evidence in a homicide investigation that resulted in two murder convictions lacked the requisite particularity and was overbroad in violation of the Fourth Amendment. Nevertheless, the Court affirmed the convictions ...
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More from these topics:
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- Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’, Oct. 1, 2024. Cell Site Location Information ("CSLI"), Warrants - General Search.
- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, Oct. 1, 2024. Exception to Warrant Requirement, Cell Site Location Information ("CSLI"), Immigration Law/Offenses.
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