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Imagine taking your dog on a walk around the neighborhood or visiting an ill parent in a nursing home and suddenly being considered a prime suspect in a serious criminal investigation. This has happened to a multitude of people over the past few years as law enforcement has increasingly used Location History data to identify perpetrators of criminal activity in every US state. For example, Zachary McCoy found himself as a suspect in a local home invasion simply for riding his bike past the house at issue multiple times on the day of the invasion. Consequently, Mr. McCoy felt obligated to hire legal counsel to clear his name from any suspicion of his involvement. Is it fair that Mr. McCoy had to expend a considerable sum of money, time, and emotional effort to clear his name because law enforcement chose to use Location History data in order to identify the perpetrator?

This post was originally published on the Cardozo International & Comparative Law Review on March 27, 2023. The original post can be accessed via the Archived Link button above.