Google Geofence Warrant Ruling Sets Precedent in New Jersey Robbery Case

A New Jersey man who pleaded guilty to a string of robberies has had his conviction vacated after a state appeals court ruled that the Google geofence warrant used to bust him was unconstitutional. The warrant, which targeted Sensorvault, the company server that stores cellphone location data, lacked probable cause sufficient to believe it would contain evidence of the man's crimes. The New Jersey Superior Court Appellate Division said in an unauthored opinion that 'the fact that cell phones are common, and many people always carry them, does not by itself establish probable cause to search Google's Sensorvault.'

The ruling has significant implications for law enforcement's use of geofence warrants, which have been used to track down suspects in a growing number of cases. While the appeals court did not explicitly state that geofence warrants are unconstitutional, its decision suggests that they may be subject to stricter scrutiny.