Constitutional Law,
Criminal
Jun. 2, 2022
Don’t (Geo-)fence me in
Even when the geofenced area and time window are narrowly tailored, there still remains the question: Is the geofence supported by probable cause and is it sufficiently particular as to the people inside the geofence?
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
In recent years, law enforcement has started using a new information-gathering technique called “geofencing.”
Geofencing works like this: Someone robs a bank or burns down a building. Police want to learn who was near the bank or building before or during the crime because those people could be the robber/arsonist or eyewitnesses. These days, almost everyone has a cell phone (and almost nobody turns them or their location services off). N...
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