Possible Clarity About Geofence Search Warrants
“Reasonably Calculated to Lead to Discovery of Admissible Evidence”
November 6, 2024Privilege Objections Denied Without Prejudice
November 11, 2024An intermediate Maryland appellate court sustained a geofence warrant. Geofence Search Warrant Held Valid (June 28, 2024).
On the federal level, there is a circuit split. The Fourth Circuit permitted one and the Fifth Circuit disagreed with the Fourth. Are Geofence Warrants Permissible? – A Circuit Split (Aug. 12, 2024).
Bloomberg reports that the Fourth Circuit has agreed to rehear its decision en banc. Cassandre Coyer, Police Use of Geofence Warrants Splits Courts Over 4th Amendment (Nov. 6, 2024).
Ms. Coyer reports that: “The new hearing opens the door for the court to re-examine these findings—especially as more geofence-related cases percolate throughout the country. Reversing the court’s prior ruling would not only resolve a current circuit split between the Fourth and Fifth Circuits, but could also answer how—or even if—geofence warrants can meet Fourth Amendment requirements.”
