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Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’
Loaded on Oct. 1, 2024
by Sam Rutherford
published in Criminal Legal News
October, 2024, page 22
Filed under:
Cell Site Location Information ("CSLI"),
Warrants - General Search.
Location:
United States of America.
by Sam Rutherford
The U.S. Court of Appeals for the Fifth Circuit held that geofence warrants violate the Fourth Amendment because they constitute a “general warrant.” However, the evidence acquired in the case as a result of the unlawful geofence warrant was nonetheless admissible under the good-faith exception to the ...
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More from this issue:
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, by Casey Bastian
- California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, by Douglas Ankney
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, by David Reutter
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, by Anthony Accurso
- Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’, by Sam Rutherford
- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him, by Sam Rutherford
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, by Douglas Ankney
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, by Sam Rutherford
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- Systemic Failures in Background Check Reporting Is Ruining Lives and Costing Billions of Dollars, by Anthony Accurso
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- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, by Matthew Clarke
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More from Sam Rutherford:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
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- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
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- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation, Dec. 1, 2024. Police State-Surveillance, Cell-Site-Location Records, Cell Site Location Information ("CSLI").
- 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.
- The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, Sept. 1, 2024. FBI, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Cell Site Location Information ("CSLI").
- Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology, Aug. 1, 2024. Cell Site Location Information ("CSLI"), Application, Electronic Communictions Privacy Act.
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024. Search warrants, Warrants, Particularity Requirement, Overbreadth, Warrants - General Search, Digital Devices.
- Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard, June 15, 2024. Cell Site Location Information ("CSLI"), Opinions and Expert Testimony, Daubert Standards.
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024. Police State-Surveillance, Cell-Site-Location Records, Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Stingray, Electronic Surveillance.
- Cellular Roaming’s Inadequate Security, May 15, 2024. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- Googling Your Privacy, May 15, 2024. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, Feb. 15, 2024. Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Electronic Surveillance, Sealing, Application, Warrants - General Search, Digital Devices.