EFF to Supreme Court: Shut Down Unconstitutional Geofence Searches

WASHINGTON, D.C. – The Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU), the ACLU of Virginia, and the Center on Privacy & Technology at Georgetown Law filed a brief Monday urging the U.S. Supreme Court to rule that invasive geofence warrants are unconstitutional.

The brief argues that geofence warrants—which compel companies to provide information on every electronic device in a given area during a given time period—are the digital version of the exploratory rummaging that the drafters of the Fourth Amendment specifically intended to prevent.

Unlike typical warrants, geofence warrants do not name a suspect or even target a specific individual or device. Instead, police cast a digital dragnet, demanding location data on every device in a geographic area during a certain time period, regardless of whether the device owner has any connection to the crime under investigation. These searches simultaneously impact the privacy of millions and turn innocent bystanders into suspects, just for being in the wrong place at the wrong time.

The Supreme Court agreed earlier this year to hear Chatrie v. United States, in which a 2019 geofence warrant  compelled Google to search the accounts of all its hundreds of millions of users to see if any one of them was within a radius police drew around a Northern Virginia crime scene. This area amounted to several football fields in size and encompassed numerous homes, businesses, and a church. In an amicus brief filed Monday, the brief argues that allowing this sweeping power to go unchecked is inconsistent with the basic freedoms of a democratic society.

"This is not traditional police work, but rather the leveraging of new and powerful technology to claim a novel and formidable power over the people," the brief states. "By their very nature, geofence searches turn innocent bystanders into suspects and leverage even purportedly limited searches into larger dragnets, causing intrusions at a scale far beyond those held unconstitutional in the physical world."

The brief also cautioned the Court not to authorize future geofence warrants based on the facts of the Chatrie case, which reflect how such searches were conducted in 2019. Since July 2025, mass geofence searches of Google users’ location data have not been possible. However, Google is not the only company collecting location data, nor the only way for police to access mass amounts of data on people with no connection to a crime. All suspicionless searches drag a net through vast swaths of information in hopes of identifying previously unknown suspects—ensnaring innocent bystanders along the way.

"To courts, to lawmakers, and to tech companies themselves, EFF has repeatedly argued that these high-tech efforts to pull suspects out of thin air cannot be constitutional, even with a warrant," said EFF Surveillance Litigation Director Andrew Crocker. "The Supreme Court should find once and for all that geofence searches are just the kind of impermissible general warrants that the Framers of the Constitution so reviled."

For the brief: https://www.eff.org/document/chatrie-v-united-states-eff-supreme-court-amicus-brief