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US Supreme Court appears split over controversial use of ‘geofence’ search warrants

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The U.S. Supreme Court on Monday heard arguments in a landmark legal case that could redefine digital privacy rights for people across the United States.

The case, Chatrie v. United States, centers on the government’s controversial use of so-called “geofence” search warrants. Law enforcement and federal agents use these warrants to compel tech companies, like Google, to turn over information about which of its billions of users were in a certain place and time based on their phone’s location.

By casting a wide net over a tech company’s stores of users’ location data, investigators can reverse-engineer who was at the scene of a crime, effectively allowing police to identify criminal suspects akin to finding a needle in a digital haystack.

But civil liberties advocates have long argued that geofence warrants are inherently overbroad and unconstitutional as they return information about people who are nearby yet have no connection to an alleged incident. In several cases over recent years, geofence warrants have ensnared innocent people who were coincidentally nearby and whose personal information was demanded anyway, been incorrectly filed to collect data far outside of their intended scope, and used to identify individuals who attended protests or other legal assembly.

The use of geofence warrants has seen a surge in popularity among law enforcement circles over the last decade, with a New York Times investigation finding the practice first used by federal agents in 2016. Each year since 2018, federal agencies and police departments around the U.S. have filed thousands of geofence warrants, representing a significant proportion of legal demands received by tech companies like Google, which store vast banks of location data collected from user searches, maps, and Android devices.

Chatrie is the first major Fourth Amendment case that the U.S. top court has considered this decade. The decision could decide whether geofence warrants are legal. Much of the case rests on whether people in the U.S. have a “reasonable expectation” of privacy over information collected by tech giants, like location data.

It’s not yet clear how the nine justices of the Supreme Court will vote — a decision is expected later this year — or whether the court would outright order the stop to the controversial practice. But arguments heard before the court on Monday give some insight into how the justices might rule on the case. 

‘Search first and develop suspicions later’

The case focuses on Okello Chatrie, a Virginia man convicted of a 2019 bank robbery. Police at the time saw a suspect on the bank’s security footage speaking on a cellphone. Investigators then served a “geofence” search warrant to Google, demanding that the company provide information about all of the phones that were located a short radius of the bank and within an hour of the robbery. 

In practice, law enforcement are able to draw a shape on a map around a crime scene or another place of significance, and demand to sift through large amounts of location data from Google’s databases to pinpoint anyone who was there at a given point in time.

In response to the geofence warrant, Google provided reams of anonymized location data belonging to its account holders who were located in the area at the time of the robbery, then investigators asked for more information about some of the accounts who were near to the bank for several hours prior to the job. 

Police then received the names and associated information of three account holders — one of which they identified as Chatrie.

Chatrie eventually pleaded guilty and received a sentence of more than 11 years in prison. But as his case progressed through the courts, his legal team argued that the evidence obtained through the geofence warrant, which allegedly linked him to the crime scene, shouldn’t have been used.

A key point in Chatrie’s case invokes an argument that privacy advocates have often used to justify the unconstitutionality of geofence warrants.

The geofence warrant “allowed the government to search first and develop suspicions later,” they argue, adding that it goes against the long-standing principles of the Fourth Amendment that puts guardrails in place to protect against unreasonable searches and seizures, including of people’s data.

As the Supreme Court-watching site SCOTUSblog points out, one of the lower courts agreed that the geofence warrant had not established the prerequisite “probable cause” linking Chatrie to the bank robbery justifying the geofence warrant to begin with. 

The argument posed that the warrant was too general by not describing the specific account that contained the data investigators were after.

But the court allowed the evidence to be used in the case against Chatrie anyway because it determined law enforcement acted in good faith in obtaining the warrant.

According to a blog post by civil liberties attorney Jennifer Stisa Granick, an amicus brief filed by a coalition of security researchers and technologists presented the court with the “most interesting and important” argument to help guide its eventual decision. The brief argues that this geofence warrant in Chatrie’s case was unconstitutional because it ordered Google to actively rifle through the data stored in the individual accounts of hundreds of millions of Google users for the information that police were looking for, a practice incompatible with the Fourth Amendment.

The government, however, has largely contended that Chatrie “affirmatively opted to allow Google to collect, store, and use” his location data and that the warrant “simply directed Google to locate and turn over the necessary information.” The U.S. solicitor general, D. John Sauer, arguing for the government prior to Monday’s hearing, said that Chatrie’s “arguments seem to imply that no geofence warrant, of any sort, could ever be executed.”

Following a split-court on appeal. Chatrie’s lawyers asked the U.S. top court to take up the case to decide whether geofence warrants are constitutional.

Justices appear mixed after hearing arguments

While the case is unlikely to affect Chatrie’s sentence, the Supreme Court’s ruling could have broader implications for Americans’ privacy.

Following live-streamed oral arguments between Chatrie’s lawyers and the U.S. government in Washington on Monday, the court’s nine justices appeared largely split on whether to outright ban the use of geofence warrants, though the justices may find a way to narrow how the warrants are used.

Orin Kerr, a law professor at the University of California, Berkeley, whose expertise includes Fourth Amendment law, said in a lengthy social media post that the court was “likely to reject” Chatrie’s arguments about the lawfulness of the warrant, and would likely allow law enforcement to continue using geofence warrants, so long as they are limited in scope.

Cathy Gellis, a lawyer who writes at Techdirt, said in a post that it appeared the court “likes geofence warrants but there may be hesitance to fully get rid of them.” Gellis’ analysis anticipated “baby steps, not big rules” in the court’s final decision.

Although the case focuses much on a search of Google’s location databases, the implications reach far beyond Google but for any company that collects and stores location data. Google eventually moved to store its users’ location data on their devices rather than on its servers where law enforcement could request it. The company stopped responding to geofence warrant requests last year as a result, according to The New York Times.

The same can’t be said for other tech companies that store their customers’ location data on their servers, and within arm’s reach of law enforcement. Microsoft, Yahoo, Uber, Snap, and others have been served geofence warrants in the past.

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News

ADC: Court adjourns suit against Mark, Aregbesola

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The Federal High Court in Abuja on Monday adjourned a suit filed by Mr Nafiu-Bala Gombe seeking to stop the David Mark-led leadership of the African Democratic Congress, ADC, from parading themselves as leaders of the party until September 28.

The case, which was fixed for hearing of all pending applications, could not proceed because the presiding judge, Justice Peter Lifu, did not sit.

The case was subsequently fixed for September 28.

The News Agency of Nigeria, NAN, reports that Justice Lifu had, on June 16, fixed the case for hearing of all the pending applications after he dismissed the application seeking his recusal from the case.

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The judge, who held that the two motions filed by ADC and Ogbeni Rauf Aregbesola (1st and 3rd defendants) lacked merit, awarded a fine of N1 million each against ADC and Aregbesola, the embattled National Secretary of the party, in favour of Gombe.

ADC and Aregbesola had, in separate motions, asked Justice Lifu to withdraw from the suit filed by Gombe, an aggrieved party member, citing alleged bias.

NAN reports that Gombe, in the suit, is seeking an order restraining Mark, Aregbesola and members of their interim National Working Committee, NWC, from parading themselves as the party’s leaders.

He had argued that the emergence of Mark, Aregbesola and other interim NWC members as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.

Gombe had sued ADC, Mark, Aregbesola, Independent National Electoral Commission (INEC) and Ralph Nwosu as 1st to 5th defendants respectively in the suit marked: FHC/ABJ/CS/1819/2025.

Nwosu was the former ADC National Chairman who stepped down for David Mark leadership of the party.

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Health

NARD backs LASUTH doctors’ strike, urges Lagos govt to resolve dispute

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The Nigerian Association of Resident Doctors (NARD) has backed the ongoing strike by resident doctors at the Lagos State University Teaching Hospital (LASUTH).

NARD in a press release issued on 12 September and signed by its President, Mohammad Suleiman, called on Governor Babajide Sanwo-Olu and the Lagos State Ministry of Health to intervene.

NARD said it is in “full solidarity” with the Association of Resident Doctors, Lagos State University Teaching Hospital (LASUTH-ARD), and supported its demands.

It noted that the unresolved welfare concerns had disrupted medical services at the tertiary hospital.

It called on the state government to address the doctors’ grievances and “avert a prolonged crisis” that could affect healthcare delivery in Lagos.

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Doctors’ demands

According to NARD, the unresolved issues include the non-payment of specialist allowance for Grade Level 14 resident doctors, also known as Senior Registrars 1 (SR1).

The association also cited outstanding salary shortfalls and advancement arrears, as well as 25 months of arrears arising from the delayed implementation of the revised Professional Allowance Table.

NARD further raised concerns about discrepancies in recent salary payments, calling for the immediate release of full salary breakdowns to ensure transparency.

The association said, the concerns persisted despite previous acknowledgements and agreements with the state government.

“Our colleagues at LASUTH have shown immense patience and dedication, but the persistent failure to honour agreements leaves them with no choice,” NARD said.

It urged the government to meet the demands and restore normal medical operations.

Background

The latest strike followed earlier disagreements between LASUTH resident doctors and the Lagos State government over welfare and remuneration.

LASUTH-ARD had embarked on a three-day warning strike from 15 to 17 June 2026, citing concerns including the implementation of the Professional Allowance Table, payment of specialist allowance to Grade Level 14 resident doctors, salary shortfalls and advancement arrears.

The doctors also demanded the resumption of construction of resident doctors’ quarters within LASUTH.

Following the warning strike, the doctors said several meetings were held with government officials, with assurances that the specialist allowance for SR1 doctors would be incorporated into the Professional Allowance Table.

LASUTH-ARD also said the issue was discussed with Governor Sanwo-Olu during a meeting on 17 July.

However, the doctors later said the specialist allowance was not reflected in the August salaries of affected members, prompting further disagreement with the government.

In August, LASUTH-ARD gave the Lagos State government a seven-day ultimatum to resolve the issues, warning that failure to do so could lead to further industrial action.

ALSO READ: NMA warns of wider health crisis as LASUTH doctors’ strike enters second day

The association demanded the implementation and payment of the specialist allowance, payment of outstanding arrears and settlement of salary shortfalls and advancement arrears.

NARD warns against escalation

NARD said the Lagos State government must treat the industrial action with urgency to prevent further escalation.

The association called on Governor Sanwo-Olu and the state Ministry of Health to intervene directly and resolve the outstanding issues.

It said continued delays could threaten patient care and stability in the state’s health system.

“NARD stands shoulder-to-shoulder with LASUTH-ARD until the issue is fully resolved,” the association said.

The doctors’ association urged the government to address the grievances and restore normal medical operations across the health system.


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