Reverse search warrant
A reverse search warrant is a type of search warrant in which law enforcement obtains a court order for information to identify a group of people who may be suspects in a crime. They differ from traditional search warrants, which typically apply to specific individuals.[1][2]
History
Johana Bhuiyan writing in The Guardian in September 2021 said that United States law enforcement is increasingly using reverse search warrants.[2]
Reverse location warrants were first used in 2016.[1] Google reported that it had received 982 reverse location warrants in 2018, 8,396 in 2019, and 11,554 in 2020.[2] Google is the most common recipient of reverse location warrants, and although Apple, Snapchat, Lyft, and Uber have all received such warrants, Google is the only company known to respond.[1]
Examples
Reverse location warrant
Reverse location warrants, also called geofence warrants, compel data from search engine companies and other technology companies that collect location data, and expose which users may have been in a specific location.[2]
Keyword warrant
Keyword search warrants compel search engine companies to release data on users who have searched specific phrases or addresses.[2]
Legality
United States
Some lawyers and privacy experts believe reverse search warrants are unconstitutional under the Fourth Amendment to the United States Constitution, which protects people from unreasonable searches and seizures, and requires any search warrants be specific to what and to whom they apply.[1] The Fourth Amendment specifies that warrants may only be issued "upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."[1] Some lawyers, legal scholars, and privacy experts have likened reverse search warrants to general warrants, which were made illegal by the Fourth Amendment.[1][1]
References
- ^ a b c d e f g "Geofence Warrants and the Fourth Amendment". Harvard Law Review. 134 (7). May 10, 2021.
- ^ a b c d e Bhuiyan, Johana (September 16, 2021). "The new warrant: how US police mine Google for your location and search history". the Guardian. Retrieved October 17, 2021.