What is geofencing?
Geofencing is a location-based technology that creates a virtual boundary, or "geofence", around an area such as a home, business, neighborhood, or public event at a certain point in time.
Can the police create a geofence to track me?
Maybe. Law enforcement now has the capability to create a geofence around areas where they think a crime has occurred but can't track suspects without the assistance of technology companies. To do this law enforcement can request that technology companies turn over any cellphone data inside the geofence boundary they are interested in to identify suspects. Geofences use technologies such as GPS, Wi-Fi, and Bluetooth to determine when a smartphone enters or exits that designated area. Once smartphones are detected within the geofence, technology companies have the ability to provide names or information about the smartphone users to law enforcement.
Is it legal to track my cell phone location?
Yes, if there is a warrant. In Chatrie v. United States, the United States Supreme Court held that a government Geofencing search requires a judicial warrant. Without a warrant, police cannot track your location as such a search violates the Fourth Amendment. Searches that violate the Fourth Amendment and any evidence that law enforcement gains from a search without a warrant cannot be used against people in court.
Do people have an expectation of privacy in their cellphone location?
Yes. The Supreme Court found many years ago that cellphones are an integral part of daily life, and cellphones contain "detailed information about all aspects of a person's life." Riley v. California, 573 U. S. 373, 385 (2014). This includes a person's location at any given time. The Court found that an individual has a reasonable expectation of privacy in their cellphone location data. Just like the inside of a home, if a person has a reasonable expectation of privacy, the government needs a warrant to conduct a search.
What apps have my location history?
Apps access your location history depending on your smartphone's settings. Some apps do not function without location history, such as navigation apps like Google Maps, Life360, weather apps, fitness apps (such as Strava and AllTrails), ride-sharing apps (Uber, Lyft) and Waze. Other apps like Google are optional when it comes to tracking location but limiting them can be difficult. Features such as Wi-Fi and Bluetooth may reveal a smartphone's location regardless of apps.
How do I protect my data?
This Supreme Court decision only mandates that law enforcement obtain a warrant before making a geofence search, meaning your location could still be collected if law enforcement has probable cause to get a warrant. To try and limit what functions of your phone track your location, go to your phone's app settings to turn off location history, or set it to "Use only when App is open" if the apps won't work without location data. You may also need to go to your account settings directly for apps or browsers such as Google. Protecting your location data can save the headache of your information being collected in a geofencing search.
