“I Like My Eighteenth Century Fresh”: Geofence Warrants, General Warrants, and the Evolving Fourth Amendment

Authors

Alexa M. Mascaró, University of Miami School of Law

Abstract

Almost 250 years ago, our Founding Fathers fought to create a nation free from the confines of British imperial rule. Outrage over governmental intrusions enabled by suspicionless general warrants and writs of assistance galvanized an American polity determined to prevent the abuses that had come to define colonial life. The Fourth Amendment was enacted as a response to executive overreach, and it was deeply informed by the fraught history that led to its adoption—a history that is still used by courts today to define constitutional protections.

In the digital age, the rapid speed of technological innovation has created a precarious environment that threatens the rights the Framers enshrined in our Constitution. Geofencing, an investigative tool that solves crimes by searching all individuals caught within an artificially drawn geographic boundary, challenges traditional Fourth Amendment protections. Courts have disagreed on the constitutional status of geofence warrants, finding it difficult to reconcile their use with history and current precedent.

This Note examines the federal circuit split on geofence warrants between the Fifth and Fourth Circuits that has emerged as a result of their decisions in United States v. Smith and United States v. Chatrie, respectively. It argues that an interpretation faithful to the original understanding of the Fourth Amendment would find the use of geofence warrants unconstitutional and akin to the colonial-age general warrants. In doing so, it examines the seminal historical events that led to the Fourth Amendment’s adoption and traces the way that unreasonable search jurisprudence has developed in response to novel technological advancements. By paying particular attention to Carpenter v. United States, it analyzes the effect this landmark case has had on courts grappling with the constitutionality of geofence warrants. Finally, it concludes by situating the use of geofencing technology within the broader context of capitalism and argues that the erosion of privacy interests in modern society is an inexorable byproduct of America’s capitalist system.

Recommended Citation

Alexa M. Mascaró, “I Like My Eighteenth Century Fresh”: Geofence Warrants, General Warrants, and the Evolving Fourth Amendment, 80 U. Mia. L. Rev. 457 (2026).
Available at: https://repository.law.miami.edu/umlr/vol80/iss2/7