The Fourth Amendment and the Constitutionality of Geofence Warrants episode artwork

EPISODE · Apr 29, 2026 · 50 MIN

The Fourth Amendment and the Constitutionality of Geofence Warrants

from Swear on the Stand · host Daniel W. Swear

This episode details an en banc ruling by the United States Court of Appeals for the Fourth Circuit regarding the constitutionality of geofence warrants. The case, United States v. Chatrie, examines whether law enforcement violated the Fourth Amendment by compelling Google to provide location data from all users near a 2019 bank robbery. The court ultimately affirmed the lower court's decision not to suppress the evidence, though the judges offered sharply differing justifications for this outcome.A plurality of the court avoided a broad constitutional ruling by applying the good-faith exception, concluding the officer reasonably relied on a magistrate-approved warrant. Other judges argued that no unconstitutional search occurred because the defendant voluntarily shared his movements with a third party, while the dissenting and some concurring opinions warned that such sweeping digital surveillance threatens essential privacy rights. Collectively, these opinions illustrate the judicial struggle to reconcile Founding-era protections with modern technology that allows for near-perfect retrospective tracking. This overview captures the tension between public safety interests and the individual's expectation of privacy in the digital age.

Episode metadata supplied by the publisher feed · Published Apr 29, 2026

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