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A federal appeals court ruled on Friday that geofence warrants, which are used to identify all users or devices in a geographic area, are prohibited by the Fourth Amendment’s protection against unreasonable searches.
The ruling was issued by the US Court of Appeals for the 5th Circuit, which is generally regarded as the most conservative appeals court. The 5th Circuit holding creates a circuit split with the 4th Circuit, which last month rejected a different Fourth Amendment challenge to geofence warrants.
“This court ‘cannot forgive the requirements of the Fourth Amendment in the name of law enforcement.’ Accordingly, we hold that geofence warrants are general warrants categorically prohibited by the Fourth Amendment,” the August 9 ruling from the 5th Circuit said.
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