Thursday, May 16, 2024

Using Geofence to Discover Juror Social Media Activity Requires Warrant

 I discovered that a company selling software for social media searches published in a blog that an inquiring law enforcement should use software and a geofence to discover juror social media activity while at the courthouse during a trial.  This is an interesting suggestion but fails to mention one important requirement: LAW ENFORCEMENT MUST ESTABLISH PROBABLE CAUSE FOR A CRIME WITHIN THE GEOFENCE AND OBTAIN A SEARCH WARRANT FOR PHONE RECORDS.  

For example, if a burglary occurs at a business, law enforcement can seek a warrant for cellphone activity within the close vicinity of the store during the possible hours of the burglary.  Then they can obtain the cellphone records from the phone carrier.  But there must be probable cause that a crime was committed within the geofence and the scope of the warrant must be limited in time and location.

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