Supreme Court weighs police power to track phones without naming suspects

Supreme Court weighs police power to track phones without naming suspects

A 2019 bank robbery in Virginia has landed before the Supreme Court with sweeping implications for digital privacy. When an armed man walked out of a Midlothian credit union with $195,000, police had no immediate suspect. But investigators turned to Google with a request that cast an unusually wide net: provide location data for all cell phones in the area when the crime occurred.

The technique, known as a geofence warrant, allowed officers to identify Okello Chatrie from a pool of 19 potential suspects. His phone's location history showed him near the bank minutes before the robbery and departing shortly after. The evidence led to his guilty plea and a sentence of nearly 12 years in prison. But Chatrie challenged the core of the investigation itself, asking whether such broad requests violate Fourth Amendment protections against unreasonable search and seizure.

The Supreme Court's consideration of the case on Monday represents the latest collision between constitutional law and modern technology. In past decisions, justices have grappled with wiretaps, thermal imaging, and GPS trackers. A 2017 ruling required police to obtain warrants before accessing location data from cell tower signals. Geofence warrants present a different problem: they can pull information on hundreds of innocent people to find a single suspect.

Privacy advocates have called the practice a dragnet. Jake Karr, a lawyer at the Knight First Amendment Institute, warned that such tools could be weaponized against protesters or other groups exercising free speech rights. "It's the stuff authoritarian nightmares are made of," Karr said. The practice gained national attention when authorities used geofence warrants to identify Capitol rioters on January 6, 2021.

The Trump administration is defending the technique. Solicitor General D. John Sauer argues that no search actually occurred when police requested the data because Chatrie voluntarily shared his location information with Google by using the company's services. The Justice Department contends that people lack a reasonable expectation of privacy for information they knowingly give to tech companies. Even if warrants are required, Sauer wrote, the one issued in Chatrie's case was justified because investigators had probable cause to believe Google possessed relevant information about the robber.

The legal question hinges on whether such dragnet requests demand judicial approval before police can cast their technological net. A ruling against geofence warrants could restrict law enforcement's ability to solve crimes. A ruling in favor could open a troubling door to mass surveillance of cell phone users.

Google has already moved to limit the issue. The company changed how it stores location data, keeping records on individual devices rather than maintaining copies on its own servers. That shift means Google can no longer respond to geofence warrants based on its location history service. The change suggests the company recognized the privacy tensions inherent in the practice, even as the Supreme Court prepares to rule on its legality.

Author Sarah Mitchell: "Geofence warrants represent technology outpacing legal doctrine, and the Court needs to draw a clear line before dragnet searches become routine."

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