The Court of Appeal found that a “geofence” warrant directing Google to reveal the location of appellants’ cell phones lacked the particularity required by the Fourth Amendment and was impermissibly overbroad, but the court nevertheless concluded that the warrant did not violate CalECPA and that suppression was inappropriate under the the good faith exception. In a statement dissenting from the order denying review, Justice Liu, joined by Justice Evans, states that he finds the Court of Appeal’s interpretation of CalECPA “questionable,” and that he would grant review given the “practical importance of the issue.”
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