Emerging Fourth Amendment Issues - Abortion Data and Geofence Warrants
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Post-Dobbs, states that outlaw abortion may send warrants to companies in states that do not, creating an interstate conflict of law (California bars compliance with other states' abortion warrants). Geofence warrants are challenged as unconstitutional general warrants, but the Supreme Court has not yet ruled.
After Roe v. Wade was overturned in 2022, abortion legality became a state-by-state matter. States that outlaw abortion may send legal process (such as a warrant) to a company headquartered in a state that does not, for data on an alleged illegal abortion. California responded by enacting a law prohibiting companies from complying with other states' abortion-related warrants - creating an interstate conflict of law that could reach the Supreme Court.
The reversal also heightened concern about Geofence warrants. Geofencing collects location data (e.g. near a clinic) that law enforcement can later acquire. These warrants have been challenged - with mixed results - under the bar against general warrants, and the Supreme Court has not yet ruled on their legality.
A tech company headquartered in California receives a warrant from another state seeking data about an alleged illegal abortion. California law bars it from complying, but the requesting state's law may demand it - a conflict of law resembling the international cross-border problem.
Key terms - quick answers
What is “Geofencing”?
What is “Geofence warrant”?
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