Location Data Evidence in Florida Criminal Cases

Law Office of W.F. ''Casey'' Ebsary Jr

By Attorney W.F. Casey Ebsary Jr.
Learn more about me | Contact me today


Introduction

In today’s digital age, law enforcement increasingly relies on location data evidence from Google Sensorvault and Apple’s tracking technologies to build criminal cases. This powerful evidence can drastically affect the outcome of your case. Understanding how this data is collected, used, and challenged in court is essential for effective criminal defense in Florida.

As an experienced Florida criminal defense attorney, I will explain the impact of location tracking data on your case, common defenses, and how to protect your rights. For personalized legal help, visit my bio or reach out via the contact page.

Location Data Evidence

Google’s Sensorvault database tracks billions of location records from users around the world. Law enforcement agencies—including those in Florida—now routinely request this data in criminal investigations. If you’ve been contacted by police or charged with a crime based on your location, this could be due to a geofence warrant that led authorities to your Google account.

This page answers common legal questions about the accuracy of common location technologies, how these digital investigations work, how they may violate your constitutional rights, and what defenses you may have. Florida criminal defense attorney W.F. Casey Ebsary Jr. is experienced in challenging these cutting-edge surveillance techniques in court.

🔐 Chart: Accuracy of Common Location Technologies

TechnologyTypical Accuracy Range
GPS5–10 meters
Wi-Fi triangulation10–50 meters
Cell tower data100–500 meters
Bluetooth beacons1–5 meters

❓ What Is Google Sensorvault?

Sensorvault is Google’s internal database of historical location information collected from users’ smartphones, apps, and devices. This data can be incredibly precise—tracking a phone’s location to within a few meters—based on:

  • GPS signals
  • Wi-Fi networks
  • Bluetooth beacons
  • Cell towers

Google stores this data when users have opted into location services, which is common on Android devices and even iPhones using Google Maps.


❓ What Is a Geofence Warrant?

A geofence warrant is a type of search warrant that compels companies like Google to turn over anonymized location data for every device in a specific geographic area during a specific time window. This is a reverse-location search—instead of identifying a suspect and then collecting evidence, law enforcement collects data first, then works backward to find suspects.

Geofence warrants have three stages:

  1. Data Sweep – Police request all devices near a crime scene.
  2. Account Narrowing – Police ask Google to identify specific device IDs.
  3. User Identification – Police may request the actual names, emails, and IP addresses linked to those devices.

📚 Learn more about geofence warrants from the ACLU


❓ Are Geofence Warrants Constitutional in Florida?

That’s still being debated. Courts are split across the country. Some judges have ruled these warrants violate the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches.

Notable Legal Developments:

Case NameJurisdictionResults
U.S. v. ChatrieVirginiaGeofence warrant ruled constitutional
People v. DawesCaliforniaData suppressed due to overbroad warrant
Multiple CasesHillsborough CountyTampa Police Using geofence data

These cases show that geofence warrants may not survive legal scrutiny—especially when challenged by a knowledgeable criminal defense lawyer.

🔗 Fourth Amendment – U.S. Constitution

🔗 Florida Statute § 933 – Search and Inspection Warrants (Justia)


❓ Can Innocent People Get Caught Up in These Searches?

Absolutely. That’s one of the biggest dangers. Public spaces often produce dozens or hundreds of data points in geofence sweeps:

  • Apartment complexes
  • Gas stations
  • Malls
  • Parks
  • Office buildings
  • Highways or busy intersections

In one real-world case in Phoenix, Arizona, a man was jailed for a week after his phone showed up near a murder scene. He was completely innocent.

🔗 Read the NYT exposé on false arrests


📈 Legal Defenses Against Geofence-Based Charges

Defense StrategyExplanationLegal Basis
Motion to SuppressArgue warrant is too broad or lacked probable causeFourth Amendment
MisidentificationDevice data tied to wrong user or shared phoneDigital forensics
Tech LimitationsGoogle data is inaccurate or impreciseExpert witness
Illegal SearchLaw enforcement didn’t meet Florida’s warrant requirementsFlorida Statute § 933.02

❓ How Can This Data Be Used Against Me in a Criminal Case?

If law enforcement believes your device was near a crime scene—based solely on Google location history—they may:

  • Seek a search warrant for your home or devices
  • Interrogate you as a suspect
  • Arrest you based on circumstantial digital evidence
  • Use your location history in court to imply guilt

This evidence can be highly misleading if you were in a public space, your phone was borrowed, or location services were inaccurate.


⚠️ Summary Table: Risks and Defense Strategies in Geofence Warrant Cases

RiskPotential ImpactDefense Strategy
Overbroad geofence warrant captures many innocent peopleWrongful suspicion, arrest, or searchFile motion to suppress evidence based on lack of particularity and probable cause
Location data linked to shared or borrowed deviceMisidentification of the actual userDigital forensic analysis and expert testimony
Inaccurate or imprecise location dataEvidence unreliable to place suspect at crimeChallenge accuracy with technology experts
Law enforcement fails to follow warrant rulesEvidence obtained illegally or unlawfullySuppress evidence under Florida and U.S. Constitution laws
Pressure to confess or plead due to tech “evidence”Injustice based on circumstantial digital proofSkilled criminal defense attorney to advocate and negotiate

Google Sensorvault Location Data Evidence Frequently Asked Questions

FAQ
FAQ
What is Google Sensorvault, and how does law enforcement use it?

Google Sensorvault is a vast database where Google stores location data collected from users’ devices, such as smartphones with Google services enabled. Law enforcement agencies request this data to trace suspects’ or witnesses’ movements.

It can include precise timestamps and GPS locations.
Often used to place suspects near crime scenes.
Requests typically come via subpoenas or warrants.

Learn more about legal standards for obtaining digital evidence at the Electronic Frontier Foundation and Florida Statute on search and seizure § 933.02.

How does Apple’s location tracking impact criminal cases?

Apple devices collect location data via GPS, Wi-Fi, and Bluetooth. Apple’s “Find My” and other services can reveal users’ device locations over time.

Law enforcement may request this data to confirm or refute alibis.
Apple maintains strict privacy policies but complies with lawful requests.
Location data from Apple devices can be critical evidence in investigations.

Visit Apple’s legal compliance page for official policies.

Can location data from Google Sensorvault or Apple be used against me in court?

Yes. Location data is increasingly admitted as evidence in criminal trials. However, its reliability and legality can be challenged:

Was the data obtained through proper legal procedures (warrant or subpoena)?
Is the location data accurate and relevant?
Are there gaps or errors in the data?
Was the defendant’s Fourth Amendment right against unreasonable searches violated?

Florida courts reference these privacy protections under the Florida Constitution and federal case law.

What are common defenses against location data evidence?

Defense strategies may include:

Illegal Search & Seizure: Challenging if law enforcement lacked a valid warrant
Data Inaccuracy: Questioning the precision and reliability of location data
Chain of Custody Issues: Demonstrating mishandling or tampering of the digital evidence
Consent Challenges: Arguing location data was collected without proper consent

I carefully review how the evidence was gathered to protect your rights and challenge improper use of digital data.

How does this affect my overall criminal defense strategy?

Location data can heavily influence the prosecution’s case, potentially linking you to a crime scene or excluding you as a suspect. Understanding the nuances of this evidence helps:

Negotiate better plea deals or dismissal of charges
Prepare for motions to suppress illegally obtained evidence
Build alternative explanations or alibis

Are there any laws or court rulings in Florida regarding digital location evidence?

Yes, Florida courts follow state and federal precedents on digital evidence and privacy rights.
Florida Statutes regarding search warrants: § 933.02

Key U.S. Supreme Court ruling: Carpenter v. United States (2018) held that accessing historical cell-site location information (CSLI) generally requires a warrant. These guide the admissibility and challenges of location data in Florida courts. We have written extensively on this subject on Cell Phone Mapping CSLI and law enforcement use of cell phone data.

What should I do if law enforcement is using location tracking data against me?

Contact an experienced criminal defense attorney immediately. Do not speak with law enforcement about your digital devices or location data without legal counsel. Your lawyer can file motions to suppress improperly obtained data. We will review all digital evidence carefully for weaknesses.

What is a reverse-location warrant?

A reverse-location warrant (geofence warrant) asks a tech company for location data on every device in a geographic area, before police even know who the suspect is. It’s like casting a digital net and seeing who gets caught.

Can police get my Google location without a warrant?

Sometimes, but generally law enforcement needs a warrant. That said, courts may suppress improperly obtained data—especially if your attorney challenges it under the Fourth Amendment.

Can my location history be wrong?

Yes. Location history can be affected by signal strength, environmental interference, and shared devices. Forensic experts can challenge the reliability of Google’s records.

Do I need a lawyer for this kind of charge?

Absolutely. This area of law is complex and evolving. You need someone who understands both criminal law and digital surveillance—like Attorney W.F. Casey Ebsary.


Table: Comparison of Digital Location Data Evidence Types

SourceType of DataLegal Requirement for AccessCommon Use in Cases
Google SensorvaultGPS, Wi-Fi signalsWarrant or subpoenaTracking suspect’s movements
Apple Location DataGPS, Bluetooth, Wi-FiWarrant or subpoenaConfirming device location
Cell Site RecordsTower location logsWarrantBroad location area over time

Video: Hire a Location Data Evidence Expert

Informative video explaining why to use an expert criminal defense attorney to show how location data is collected, requested, and used in criminal cases.


Why Choose Attorney W.F. Casey Ebsary Jr.?

I am a Florida Bar Board Certified Criminal Trial Lawyer with extensive experience navigating complex digital evidence issues, including Google Sensorvault and Apple tracking data. My commitment is to protect your constitutional rights and provide a vigorous defense.

Learn more about my background and approach on my bio page.


📞 Take Action Today to Protect Your Rights

Facing criminal charges influenced by digital surveillance technology can feel overwhelming. But you do not have to navigate this alone. Experienced legal counsel can:

  • Analyze all evidence thoroughly, including geofence data
  • File aggressive motions to exclude unconstitutional evidence
  • Leverage forensic experts to dismantle unreliable digital claims
  • Advocate fiercely to protect your freedom and future

Attorney W.F. Casey Ebsary Jr. offers a free, confidential consultation to help you understand your case and your rights.

🔹 Meet Attorney Casey Ebsary
🔹 Contact Us Today
📞 Call (813) 222-2220


ResourceLink
Florida Statutes Chapter 933 Search Warrantshttps://www.justia.com/statutes/florida/statutes/chapter-933/
Florida Bar – Criminal Defense Lawhttps://www.floridabar.org/about/cert/cert-applications-and-requirements/cert-cr/
U.S. Supreme Court Carpenter Decision (2018)https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

📝 Final Thoughts on Location Data Evidence

Digital surveillance, like Google Sensorvault, is revolutionizing law enforcement but also raises serious constitutional questions. If your location data is being used against you, you need a criminal defense attorney who understands both the technology and the law.

Attorney W.F. Casey Ebsary Jr. is ready to defend your rights and challenge unlawful evidence to ensure you receive a fair trial.


If you or a loved one are facing criminal charges involving digital location data, don’t hesitate:

📞 Call now for a free consultation: (813) 222-2220
🔗 Meet Attorney Casey Ebsary
📨 Contact Us

Meta Title: Florida Criminal Defense Attorney | Defending Against Google Sensorvault & Apple Location Tracking Evidence

Meta Description: Attorney W.F. Casey Ebsary Jr. explains how Google Sensorvault and Apple location data impact criminal defense in Florida. Protect your rights with expert legal counsel.

Client Reviews

He was amazing and he took care of everything , throughout the entire process, Casey remained professional, approachable, and responsive. He got my case dismissed 45 days before court date. He really is an outstanding lawyer. I cannot recommend Casey enough to...

Frank Guerra Mazara

Amazing service from a true professional litigator; Casey takes a genuine interest in his clients. The fees for his services are reasonable and i got the results I wanted. I recommend him with the utmost confidence. Casey's wealth of experience as a former...

Brent Gargus

We called to get help with my father in law's 10 year old court case. During the consultation, Mr. Ebsary took it upon himself to look into the details and was able to make things way more clear for us. He was honest and straight to the point. We would...

David Grayzanic

Get in Touch 24/7/365

  1. 1 Free Consultation
  2. 2 Available 24/7/365
  3. 3 We Fight for You!
Fill out the contact form or call us at (813) 222-2220 to schedule your free consultation.

Leave Us a Message

I have read the disclaimer and privacy policy.