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Dear Friend,
If you walked past the wrong street corner at the wrong moment, police could already have your movements, your digital trail, and your identity ([link removed]) .

Not because you were suspected of a crime.

Not because there was probable cause.

But because your phone was there.

This week, the U.S. Supreme Court heard arguments in Chatrie v. United States—a case that could determine whether law enforcement may search every phone in a defined area ([link removed]) and then work backward to find a suspect.

These so-called “geofence warrants” allow police to demand location data for every device within a geographic boundary and time window. From there, they narrow the list. They track movements. They request identities. They build a case.

Search first. Justify later.

That’s not how the Fourth Amendment was designed to work.
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

The Constitution requires the government to identify a suspect and establish probable cause before conducting a search. General warrants—broad, suspicionless dragnets—were one of the abuses that sparked the American Revolution.

Geofence warrants are their digital descendants.

If the government can collect the movements of everyone near a crime scene—where they worship, whom they visit, what doctors they see—then proximity becomes suspicion, and technology becomes a substitute for probable cause.

We have filed an amicus brief urging the Supreme Court to draw a clear constitutional line.

Because this case isn’t just about one robbery investigation—it’s about whether carrying a smartphone makes you searchable ([link removed]) .

The Fourth Amendment was meant to restrain government power—even when technology makes surveillance easy.

Now the Court must decide whether those limits still mean what they say.

Read more about the case ([link removed]) and The Rutherford Institute’s efforts to defend the Fourth Amendment in the digital age.

For freedom,

John W. Whitehead
Constitutional Attorney, President
The Rutherford Institute

P.S. In a country where nearly everyone carries a tracking device in their pocket, the question is no longer whether the government can collect this data. The question is whether the Constitution still forbids it.
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Further reading:

Analysis:


** Can Police Search Every Phone in a Crowd? Rutherford Urges Supreme Court to Block Police Uses of Dragnet Cell Phone Surveillance ([link removed])
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Case Files:

Amicus Briefs:
* Chatrie v. United States: Amicus Brief ([link removed])
* Wells v. Texas: Amicus brief ([link removed])

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Nisha Whitehead
(434) 978-3888 ext. 604
** [email protected] (mailto:[email protected])

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You are receiving this email because of your interest in the work of The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated. To discontinue your membership electronically, or if you feel you are receiving this message in error, please follow the link below.

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