Bank Robber Challenges Conviction Based on His Cellphone’s Location Data

An anonymous reader shared this report from the Associated Pres:

Okello Chatrie’s cellphone gave him away. Chatrie made off with $195,000 from the bank he robbed in suburban Richmond, Virginia, and eluded the police until they turned to a powerful technological tool that erected a virtual fence and allowed them collect the location history of cellphone users near the crime scene… Now the Supreme Court will decide whether geofence warrants violate the Fourth Amendment’s ban on unreasonable searches… Chatrie’s appeal is one of two cases being argued Monday…

Civil libertarians say that geofences amount to fishing expeditions that subject many innocent people to searches of private records merely because their cellphones happened to be in the vicinity of a crime. A Supreme Court ruling in favor of the technique could “unleash a much broader wave of similar reverse searches,” law professors who study digital surveillance wrote the court…

In Chatrie’s case, the geofence warrant invigorated an investigation that had stalled. After determining that Chatrie was near the Call Federal Credit Union in Midlothian around the time it was robbed in May 2019, police obtained a search warrant for his home. They found nearly $100,000 in cash, including bills wrapped in bands signed by the bank teller. He pleaded guilty and was sentenced to nearly 12 years in prison. Chatrie’s lawyers argued on appeal that none of the evidence should have been used against him. They challenged the warrant as a violation of his privacy because it allowed authorities to gather the location history of people near the bank without having any evidence they had anything to do with the robbery.

Prosecutors argued that Chatrie had no expectation of privacy because he voluntarily opted into Google’s location history. A federal judge agreed that the search violated Chatrie’s rights, but allowed the evidence to be used because the officer who applied for the warrant reasonably believed he was acting properly.