Geofence Warrants in Texas: Are Police Crossing the Line?

 Posted on September 25, 2025 in Criminal Defense

Imagine the police showing up at your home, bashing in the door, and placing you under arrest based on a geofence warrant. You may have had absolutely nothing to do with the crime committed, yet the police believe your phone data places you in the vicinity of the crime scene. This is not science fiction; it is the new reality of geofence warrants. In Texas and across the United States, law enforcement is increasingly using geofence warrants as justification to arrest a suspect.

Although prosecutors argue that geofence warrants are powerful investigative tools, defense attorneys are calling these warrants a "digital dragnet" that has the very real risk of ensnaring innocent people. The debate is heating up in Texas courts across the state, raising significant issues regarding constitutional and privacy rights. If you are a victim of a geofence warrant, a Hood County, TX criminal defense lawyer can aggressively defend your rights and your future.

What is a Geofence Warrant?

Texas geofence warrants are court orders that compel a tech company to provide location data for all devices within a defined geographic area during a specific time frame. For instance, if a murder was committed in an identified area and it is likely the murder took place between 10 and 12 p.m., the police obtain a kind of "reverse" warrant, used to find suspects when none are specifically known. Everyone who was in that vicinity when the murder occurred is now a suspect.

For a geofence warrant, the police draw an invisible digital boundary around a crime scene, then set an approximate time frame during which they believe the crime occurred. Data is requested from one or more tech companies, such as Google, for location data of all devices that were within a specified geofence during a particular time period. Law enforcement then analyzes the data to identify devices and their users who may be connected to the crime.

This technology raises significant Fourth Amendment privacy concerns. In one case, a U.S. Fifth Circuit Court of Appeals (which includes Texas) ruled that such broad warrants are unconstitutional in the case of U.S. v. Jamarr Smith. The data collected is certainly overbroad, as geofence warrants collect data from many innocent individuals who have no connection to the crime. Yet the ostensibly private moments of these individuals are revealed through the geofence warrant.  

How Are Geofence Warrants Used in Texas?

Geofence warrants were initially used in the Lone Star State in high-profile murder cases or other cases that involved violent crimes. As time passed, however, the use of geofence warrants expanded beyond violent crimes into property crimes and even protests. This has raised concerns about the overuse of geofence warrants, particularly in densely populated areas such as Houston, Dallas, Austin, and San Antonio. In late 2023, Google changed its data policies regarding how it stores location data. These changes may eventually make it more difficult, if not impossible, for tech companies to respond to geofence warrants.

What Are Some Defense Strategies Against Geofence Warrants?

While each case is unique, and the defense attorney will tailor the defense to the specific evidence, facts, and circumstances, below are some of the defense strategies used against geofence "evidence."    

• The warrant's validity can be challenged as being overly broad or unconstitutional.
• A suppression motion may be able to exclude location data from the trial.
• The accuracy of GPS/Google location tracking can be questioned.
• The attorney can argue that geofence warrants violate Texas state privacy protections.

Contact a Hood County, TX Criminal Defense Lawyer

You should be aware that your phone’s location data may be shared, even if you did nothing wrong. It is essential to hire a highly qualified Hood County defense attorney from The Law Offices of Rob Christian who is experienced in technology-driven cases. Attorney Christian has 20 years of experience as a prosecutor, resulting in excellent relationships with Hood County courts, and is available 24/7. Call 682-936-4003 to schedule your free consultation.