Abstract
In December 2018, twenty-three-year-old Jorge Molina was wrongfully arrested for murder based on location data received from a Google geofence—a virtual perimeter around a specific geographic location, created using Google’s location services. Despite law enforcement confirming his alibi within twenty-four hours, Molina spent six days in jail before he was released. As a result, Molina lost his job and car, suffered reputational damage, and was forced to drop out of college. Molina’s stepfather was later arrested and charged for the murder after law enforcement learned he had been using Molina’s old phone, which was still logged into his email. In fact, prior to arresting Molina, law enforcement knew that the Google data placed him at multiple locations because the devices were used simultaneously. While Molina’s story is not the subject of this Note, it illustrates the benefits—and concerns—of geofences. On one hand, the location data allowed police to eventually arrest the real murderer, Molina’s stepfather. On the other hand, however, an innocent man spent nearly a week in jail and suffered incalculable collateral consequences. Unsurprisingly, law enforcement favors geofence warrants because they are cheap and easy, but they raise significant constitutional concerns regarding privacy and the Fourth Amendment. Ultimately, these concerns are too costly.
Recommended Citation
Maverick L. L. Lewis,
Google Geofences: Navigating the Fourth Amendment in the Digital Age,
90 Mo. L. Rev.
(2026)
Available at: https://scholarship.law.missouri.edu/mlr/vol90/iss4/10