EFF Continues Fight Against Unconstitutional Geofence and Keyword Search Warrants: 2023 Year in Review

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EFF continues to fight back against high-tech general warrants that compel companies to search broad swaths of users’ personal data. In 2023, we saw victory and setbacks in a pair of criminal cases that challenged the constitutionality of geofence and keyword searches. 

These types of warrants—mostly directed at Google—cast a dragnet that require a provider to search its entire reserve of user data to either identify everyone in a particular area (geofence) or everyone who has searched for a particular term (keyword). Police generally have no identified suspects. Instead, the usual basis for the warrant is to try and find a suspect by searching everyone’s data.  

EFF has consistently argued these types of warrants lack particularity, are overbroad, and cannot be supported by probable cause. They resemble the unconstitutional “general warrants” at the founding that allowed exploratory rummaging through people’s belongings. 

EFF Helped Argue the First Challenge to a Geofence Warrant at the Appellate Level 

In April, the California Court of Appeal held that a geofence warrant seeking user information on all devices located within several densely-populateddensely populated areas in Los Angeles violated the Fourth Amendment. It became the first appellate court in the United States to review a geofence warrant. EFF filed an amicus brief and jointly argued the case before the court.

In People v. Meza, the court ruled that the warrant failed to put meaningful restrictions on law enforcement and was overbroad because law enforcement lacked probable cause to identify every person in the large search area. The Los Angeles Sheriff’s Department sought a warrant that would force Google to turn over identifying information for every device with a Google account that was within any of six locations over a five-hour window. The area included large apartment buildings, churches, barber shops, nail sa

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