Geofence Warrants – Be Specific in Time, Location and Scope of What You’re Seeking

• Search warrant probable cause, overbreadth and particularity requirements  
• Search warrant traversals 
• Good faith 
• California’s Electronic Communications Privacy Act (CalEPA) 

To be lawful, search warrants must establish probable cause for the requested search while not being overly broad. A warrant must also be particular in time, location and scope. To survive a motion to traverse, a warrant affidavit must not include any material falsehoods or make any material omissions.  

Absent some reason for an investigator to believe a geofence warrant is invalid, good faith will generally allow for the admission in court of the resulting evidence even if the warrant is legally deficient.  

The California Electronic Communications Privacy Act (CalECPA) applies to geofence warrants. Pursuant to CalECPA, notice of the existence of a geofence warrant must be provided to the target of an investigation. Notice may be delayed where such notice would have an adverse result upon a continuing investigation. Failure to seek extensions of such notice may be excused, however, where it is apparent that the magistrate would have granted such a request.  

On Oct. 29, 2019, Jovany R. was home with his brother, Samuel R., and a friend in Jarupa ....