Use of Geofence Warrant Deemed Unconstitutional by Fifth Circuit

Three men challenging robbery-related convictions lost their Fifth Circuit appeal over evidence obtained using a geofence warrant—even though the court agreed that such warrants are unconstitutional.

Geofence warrants are modern-day general warrants and are categorically unlawful under the Fourth Amendment, the US Court of Appeals for the Fifth Circuit said Friday. While the exclusionary rule typically provides that the government cannot rely on evidence unlawfully obtained, the good faith exception to the rule applies, the court said.

The court said it couldn’t “fault law enforcement’s actions considering the novelty of the technique and the dearth of court precedent to follow.” ...