GPD geofence warrant tested in court

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GAINESVILLE, Fla. (WCJB) –

A search warrant issued by the Gainesville Police Department to google for GPS has drawn the attention of some experts.

In April of last year, GPD filed a ‘Geofenced' warrant for three houses and their properties on Northwest 32nd Street.

They want Google to give them the GPS data of anyone with google accounts in that area during a burglary that happened in late March last year.

Professor of Media Law Frank Lomonte with the University Of Florida and the Brechner Center for Freedom of Information said that one's right to privacy in matters like this one may have been signed away in the terms and conditions for use of online mobile services.

"Once you use a service, like say, Gmail, you are agreeing to the terms of use for Gmail and part of that may be that they reserve the right to be able to comply with a warrant or turn over your data if they are demanded to do so,” Lamonte said.

Most recently, an anonymous third party filed to have the search warrant quashed, in Alachua County based on privacy and 4th amendment concerns. That motion has not been seen by a judge yet.