Ketanji Brown Jackson says the geofence search violated the Fourth Amendment

Ketanji Brown JacksonU.S. Supreme Court justice, in a concurrence joined by Justice Sonia Sotomayor

Jackson argued that the search violated the Fourth Amendment.

“I write separately because I would have gone further to explain that this search violated the Fourth Amendment.”

Original text

Read the original text (opens in a new tab)Ketanji Brown Jackson concurrence in Chatrie v. United States · Supreme Court of the United StatesJackson concurrence, printed pages 1-3 (PDF pages 39-41)
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Credit: Claire Anderson / CC0

Where this statement fits

Should police access to Google Location History count as a Fourth Amendment search?

In Chatrie v. United States, the government argued that voluntarily sharing Google Location History meant police acquisition of the limited data did not trigger Fourth Amendment protection. The ACLU and NetChoice opposed that position. On June 29, 2026, the Supreme Court held that acquisition was a search. Samuel Alito dissented, distinguishing the short, optional location record from prolonged surveillance. The ruling left the warrant's reasonableness for further proceedings and did not ban every geofence warrant or decide suppression of the evidence.

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What happens after Chatrie?

Follow the remand and later decisions applying constitutional protections to location information.

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Source and context

Original text

Ketanji Brown Jackson concurrence in Chatrie v. United States (opens in a new tab) · Supreme Court of the United StatesJackson concurrence, printed pages 1-3 (PDF pages 39-41)

About this source

Jackson's concurrence, joined by Sonia Sotomayor, addresses the constitutional defects she finds in the second and third stages of the geofence search.

Before the quotation

Jackson agreed with the majority that access to Chatrie's Location History was a search. She wrote separately on the search's legality.

After the quotation

She argued that later stages let officers obtain sensitive information without sufficiently particular probable-cause findings by a magistrate.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Relative to the government's access to Location History, Jackson both rejects the no-search position and expressly criticizes this search as unconstitutional.

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Ketanji Brown Jackson says the geofence search violated the Fourth Amendment
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The Dispute Index. "Ketanji Brown Jackson says the geofence search violated the Fourth Amendment". First published: 2026-10-16. Last updated: 2026-10-16. https://disputeindex.com/events/5843-jackson-argued-that-the-search-violated-the-fourth