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AG Nessel Leads Bipartisan Coalition Defending Use of Geofence Warrants by Law Enforcement

LANSING – Michigan Attorney General Dana Nessel joined the State of Iowa in leading a bipartisan multistate coalition of 32 attorneys general in filing an amicus brief (PDF) with the U.S. Supreme Court in Chatrie v. United States. The coalition is urging the Court to uphold the constitutionality of geofence warrants, a critical tool for law enforcement.

“Without access to this critical technology, countless violent crimes may go unsolved, undoubtedly making our communities less safe and denying justice to victims,” said Attorney General Nessel. “The Fourth Amendment is a cornerstone of our Constitution, but it was never intended to serve as a shield for criminal activity. When supported by probable cause and judicial approval, geofence warrants are vital, constitutional tools that allow law enforcement to protect the public without compromising fundamental rights.”

Geofence warrants are judicially supervised tools that allow law enforcement to obtain location-history information from third-party providers tied to a specific geographic area and time window. Investigators typically seek this information when a crime has occurred at a known location, but the perpetrator is unknown. By identifying devices present at the scene during the relevant period, these warrants help investigators generate leads and identify suspects who would otherwise remain unknown.

In the brief, the coalition argues that geofence warrants are constitutional and subject to longstanding Fourth Amendment protections, including the requirements of probable cause, particularity, and reasonableness, as well as prior judicial approval. The coalition also contends that the Constitution does not ban new investigative methods. Instead, the courts must evaluate whether each warrant meets established constitutional standards. A sweeping rule banning geofence warrants, the coalition argues, would conflict with Supreme Court precedent and undermine public safety by removing a precise and effective investigative tool.

The coalition is asking the U.S. Supreme Court to affirm a previous ruling by the U.S. Court of Appeals for the Fourth Circuit and decline to adopt a rule against geofence warrants.

Joining Attorney General Nessel and Iowa Attorney General Brenna Bird in filing this brief are the attorneys general of Alabama, Alaska, Arizona, Arkansas, the District of Columbia, Georgia, Illinois, Indiana, Kansas, Louisiana, Maryland, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Washington.

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