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University of Miami Race & Social Justice Law Review

Document Type

Note

Abstract

Geofence warrants are utilized as a surveillance tool to gather location data on every user within a specific area and are being integrated into policing without a stable legal framework. This integration threatens individual rights and disproportionately impacts people and communities of color. While these warrants are often scrutinized under the Fourth Amendment, this note argues that they significantly undermine the Fourteenth Amendment by granting law enforcement excessive discretion. This unchecked discretion allows systemic bias and racial profiling to influence criminal investigations, creating the potential for wrongful convictions. The analysis in this note details the three-step execution process of geofence warrants, emphasizing that the lack of judicial oversight during these steps permits officers to use subjective criteria to identify suspects. The paper situates these warrants within a historical pattern of discriminatory policing, comparing them to the biased use of wiretaps, facial recognition technology (FRT), and DNA phenotyping against marginalized groups. Furthermore, the legal analysis explores the challenges of seeking redress under the Due Process and Equal Protection Clauses, noting that while geofence warrants may fail strict scrutiny, proving intentional discrimination remains a major hurdle for claimants. To address these risks, the paper proposes several safeguards. Ultimately, the note argues that if these procedural safeguards are insufficient to prevent the oppression of minority communities, geofence warrants should be declared entirely unconstitutional. By adopting these frameworks, the legal system can ensure that technological advancements do not come at the expense of fundamental freedoms.

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