Chatrie Expands the Fourth Amendment’s Protection Against Geofencing in Criminal Investigations

Companies that collect, use or disclose location data may need to rethink how they respond to law enforcement requests after a landmark Supreme Court ruling on geofence warrants. Last month, in Chatrie v. United States, the Court held that geofence warrants are searches under the Fourth Amendment because individuals have a reasonable expectation of privacy in their location history. Writing for a five-justice majority, Justice Kagan rejected the argument that short-term location tracking falls outside constitutional protection. The Court sent the case back to the U.S. Court of Appeals for the Fourth Circuit to address probable cause, particularity and the good-faith exception, issues that could have significant implications for companies that possess location data. This article examines the Chatrie decision and what it means for companies that collect and retain consumer location data, with insights from experts at Loeb & Loeb and Womble Bond Dickinson. See our two-part series on combatting privacy issues arising from geolocation data use: “Understanding the Legal Landscape” (Apr. 3, 2019), and “Five Risk-Mitigation Strategies” (Apr. 10, 2019).

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