Geofence warrants constitute a search under 4th Amendment: High court

The Supreme Court ruled Monday that law enforcement’s use of a geofence warrant to obtain cellphone location data constitutes a search under the Fourth Amendment, marking a significant privacy ruling while stopping short of declaring the investigative tactic unconstitutional.

In a 6-3 decision written by Justice Elena Kagan, the justices vacated a lower court ruling involving Virginia defendant Okello Chatrie and sent the case back to the Richmond-based 4th U.S. Circuit Court of Appeals for further proceedings to determine whether the search was nevertheless reasonable under the Constitution.