Legal Update

Legal Update

Larry E. Holtz, Esq. Geofence Warrants Unlike warrants for surveilling known suspects, geofencing lets police gather data around a crime location when the suspects’ identities are unknown. Geofence warrants let police request location data for all devices within a defined area and time to identify unknown suspects or witnesses. Courts are divided on their legality – some finding them too broad and unconstitutional “general warrants,” while others uphold narrowly drawn geofence warrants which specify exact coordinates, times and limits to…

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Legal Update July/August 2021

Larry E. Holtz, Esq. Community Caretaking and Home Entries In Caniglia v. Strom (US 5-17-21), the United States Supreme Court recently addressed the question of whether law enforcement’s community caretaking duties create a stand-alone doctrine which justifies warrantless searches and seizures in the home. The answer, according to the Court, is NO! Here, the Court refused to recognize the “community caretaking” rule as a “freestanding” Fourth Amendment category. During an argument with his wife, Edward Caniglia placed a handgun on…