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The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
A dragnet is any system of coordinated measures for apprehending criminals or suspects; including road barricades and traffic stops, widespread DNA tests, and general increased police alertness. The term derives from a fishing technique of dragging a fishing net across the sea bottom, or through a promising area of open water.
Mobile phone tracking is a process for identifying the location of a mobile phone, whether stationary or moving. Localization may be affected by a number of technologies, such as the multilateration of radio signals between (several) cell towers of the network and the phone or by simply using GNSS. To locate a mobile phone using multilateration of mobile radio signals, the phone must emit at least the idle signal to contact nearby antenna towers and does not require an active call. The Global System for Mobile Communications (GSM) is based on the phone's signal strength to nearby antenna masts.
Kyllo v. United States, 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the court ruled that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted from a public vantage point, is unconstitutional without a search warrant. In its majority opinion, the court held that thermal imaging constitutes a "search" under the Fourth Amendment, as the police were using devices to "explore details of the home that would previously have been unknowable without physical intrusion." The ruling has been noted for refining the reasonable expectation of privacy doctrine in light of new surveillance technologies, and when those are used in areas that are accessible to the public.
In United States constitutional law, expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. Generally speaking, searches within 100 miles of the border are more permissible without a warrant than those conducted elsewhere in the U.S. The doctrine also allows federal agents to search people at border crossings without a warrant or probable cause. The government is allowed to use scanning devices and to search personal electronics. Invasive bodily searches, however, require reasonable suspicion.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.
United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case in which the court held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
The Geolocation Privacy and Surveillance Act was a bill introduced in the U.S. Congress in 2011 that attempted to limit government surveillance using geolocation information such as signals from GPS systems in mobile devices. The bill was sponsored by Sen. Ron Wyden and Rep. Jason Chaffetz. Since its initial proposal in June 2011, the GPS Act awaits consideration by the Senate Judiciary Committee as well as the House.
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information. A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant.
American Civil Liberties Union v. Clapper, 785 F.3d 787, was a lawsuit by the American Civil Liberties Union (ACLU) and its affiliate, the New York Civil Liberties Union, against the United States federal government as represented by then-Director of National Intelligence James Clapper. The ACLU challenged the legality and constitutionality of the National Security Agency's (NSA) bulk phone metadata collection program.
In re Application of the United States for Historical Cell Site Data, 724 F.3d 600, was a case in which the United States Court of Appeals for the Fifth Circuit held that the government can access cell site records without a warrant. Specifically, the court held that court orders under the Stored Communications Act compelling cell phone providers to disclose historical cell site information are not per se unconstitutional.
Riley v. California, 573 U.S. 373 (2014), is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.
Microsoft Corporation v. United States of America was a complaint for declaratory judgment action filed in the U.S. District Court in Seattle, Washington. At issue was the 1986 Electronic Communications Privacy Act. with Microsoft arguing that secrecy orders were preventing them from disclosing warrants to customers in violation of the company's and customers' rights. The case was started in April 2016 and although the government bid for dismissal of the suit, in February 2017 a federal judge set a trial date set for June 2018. Microsoft was supported in its lawsuit by companies such as Amazon, Apple, Google, Dropbox and Salesforce. The case was dropped by Microsoft in October 2017 after policy changes at the Department of Justice. Although no laws were changed, the new DOJ policy "changed data request rules on alerting Internet users about agencies accessing their information," and mandated defined periods of time for secrecy orders from the government. Although the change represented "most of what Microsoft was asking for," Microsoft did not rule out future litigation.
The use of stingrays by United States law enforcement is an investigative technique used by both federal and local law enforcement in the United States to obtain information from cell phones by mimicking a cell phone tower. The devices which accomplish this are generically known as IMSI-catchers, but are commonly called stingrays, a brand sold by the Harris Corporation.
Carpenter v. United States, 585 U.S. ___, 138 S.Ct. 2206 (2018), is a landmark United States Supreme Court case concerning the privacy of historical cell site location information (CSLI). The Court held that the government violates the Fourth Amendment to the United States Constitution when it accesses historical CSLI records containing the physical locations of cellphones without a search warrant.
Sensorvault is an internal Google database that contains records of users' historical geo-location data.
Digital Search and Seizure refers to the ability of the United States Government to obtain and read an individual's private digital correspondence and material under The Fourth Amendment of the United States Constitution.
A reverse search warrant is a type of search warrant used in the United States, in which law enforcement obtains a court order for information from technology companies to identify a group of people who may be suspects in a crime. They differ from traditional search warrants, which typically apply to specific individuals. Geo-fence warrants, which seek data on mobile phone users who were in a specific location at a given time, and keyword warrants, which request information on users who searched specific phrases, are two types of reverse search warrants.
Fog Reveal is a tracking tool that aggregates location data from mobile apps. It is a product of FOG Data Science.
References
- ↑ Valentino-DeVries, Jennifer (April 13, 2019). "Tracking Phones, Google Is a Dragnet for the Police". The New York Times . ISSN 0362-4331 . Retrieved October 17, 2021.
- ↑ Brewster, Thomas (December 11, 2019). "Google Hands Feds 1,500 Phone Locations In Unprecedented 'Geofence' Search". Forbes . Retrieved October 17, 2021.
- 1 2 Bhuiyan, Johana (September 16, 2021). "The new warrant: how US police mine Google for your location and search history". The Guardian . Retrieved October 17, 2021.
- 1 2 3 "Geofence Warrants and the Fourth Amendment". Harvard Law Review . 134 (7). May 10, 2021.
- 1 2 Fussell, Sidney (August 27, 2021). "An Explosion in Geofence Warrants Threatens Privacy Across the US". Wired . ISSN 1059-1028 . Retrieved October 17, 2021.
- ↑ Rathi, Mohit (2021). "Rethinking Reverse Location Search Warrants". The Journal of Criminal Law and Criminology . 111 (3): 805–837. ISSN 0091-4169. JSTOR 48617799 – via JSTOR.
- 1 2 3 "Geofence Warrants and the Fourth Amendment". Harvard Law Review . 134 (7). May 10, 2021.
- ↑ Lynch, Jennifer; Sobel, Nathaniel (August 31, 2021). "New Federal Court Rulings Find Geofence Warrants Unconstitutional". Electronic Frontier Foundation . Retrieved October 18, 2021.