A geofence warrant is sometimes referred to as a keyword warrant because it seeks to find the perpetrators of a crime based on their digital footprint. In other words, police in Colorado and elsewhere are trying to use keyword search, location or data to link a person to a crime. However, this method is seen as highly problematic by Fourth Amendment advocates who worry that it’s too easy to obtain such a warrant.
Authorities make broad requests
One of the key problems with geofence warrants is that officers are asking for information that may or may not be related to a crime. Typically, an officer must show that searching a car or home would result in specific evidence that a crime was committed or may be committed. However, geofence warrants are often issued on the basis that an officer might find something useful after combing through information harvested by Google.
You could be charged based on faulty information
It’s not impossible to be charged with a crime on circumstantial or otherwise flimsy evidence. You may also say or do things once in police custody that could also be used to further justify charging you with a crime or taking your case to trial. Fortunately, challenging evidence that was obtained in a questionable manner may be an effective criminal defense strategy.
If you are charged with a crime, it doesn’t mean that you’ll be convicted, and there is a chance that you won’t even go to trial. You will have an opportunity to challenge the evidence used by authorities to levy a charge, which may be effective in getting the case dropped or obtaining an acquittal.