Minnesota Lawmakers Move to Ban Most Reverse-Location Police Warrants
A bipartisan group of Minnesota legislators has introduced companion House and Senate bills that would largely ban reverse-location, or “geofence,” warrants that let police demand data on all cellphones and devices near a crime scene at a given time. Led in the Senate by Democrat Erin Maye Quade with co-sponsors Omar Fateh (D) and Eric Lucero (R), and in the House by Democrat Sandra Feist, the measures were heard in late February and early March committees and would allow people whose data was swept up to sue law enforcement, with exceptions only for emergency situations. Supporters, including civil-liberties advocates, argue such dragnet searches violate the Fourth Amendment because a single warrant can expose location histories for thousands of innocent people, including protesters or bystanders, and note that Minnesota’s use of these warrants jumped from 22 in 2018 to 173 in 2020. Police groups such as the Minnesota Chiefs of Police Association and the state Bureau of Criminal Apprehension warn an outright ban would strip them of a lawful, court-supervised tool they say is sometimes critical for solving serious crimes, though they signal willingness to negotiate stricter safeguards. The debate comes as the U.S. Supreme Court prepares to hear arguments next month on the constitutionality of reverse-location warrants nationwide and after Google shifted most location history to on-device storage, a change privacy groups say may still not fully protect users from overbroad digital searches.
📌 Key Facts
- Sen. Erin Maye Quade introduced a Minnesota Senate bill, co-sponsored by Sens. Omar Fateh and Eric Lucero, to prohibit reverse-location warrants except in emergencies.
- A House companion bill by Rep. Sandra Feist was heard Feb. 24, and the Senate version was heard March 9 in the Judiciary and Public Safety Committee.
- Use of reverse-location warrants in Minnesota rose from 22 in 2018 to 173 in 2020, according to the article.
- The bills would create a private right of action allowing people whose location data is obtained through such warrants to sue law enforcement.
- Minnesota police organizations and the state Bureau of Criminal Apprehension argue a ban is too broad but say they are open to additional privacy safeguards.
📊 Relevant Data
In 2020, law enforcement agencies served Google with more than 11,500 geofence warrants nationwide, highlighting the widespread use of this tool beyond Minnesota's reported increase from 22 in 2018 to 173 in 2020.
Much Ado About Geofence Warrants — Harvard Law Review
Geofence warrants have resulted in wrongful arrests of innocent individuals, such as a case where a man spent six days in jail and lost his job after his location data was mistakenly linked to a murder due to lending his phone.
Much Ado About Geofence Warrants — Harvard Law Review
Black and Hispanic people are 50% more likely to experience some form of police force during interactions compared to White people, with fatal shooting rates increasing 7.5 times for Black people and 12 times for Hispanic people in high-social vulnerability areas versus low-vulnerability areas.
Disparities in Policing From Theory to Practice — PMC - NIH
Google's Sensorvault database contained detailed location information from 592 million individual accounts in 2020, with data logged on average every two minutes from Android devices and Google apps.
Much Ado About Geofence Warrants — Harvard Law Review
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