Jan. 6 Case's Geofence Warrants Raise 'Serious' Fourth Amendment Concerns

A federal judge's decision to uphold the Justice Department's use of a controversial geofence warrant in a Jan. 6 defendant's case is a "serious development" that raises "serious Fourth Amendment concerns," legal experts say.

As part of its sprawling investigation into events surrounding the Jan. 6, 2021, U.S. Capitol breach, court records indicate the FBI is relying heavily on geofence warrants, which have allowed prosecutors to use Google location data to determine who was in or near the U.S. Capitol.