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University of Florida Journal of Law & Public Policy

Abstract

With the reversal of the federal right to abortion, the landscape of reproductive rights in the United States has undergone a seismic shift. In this new era, there are troubling questions surrounding how law enforcement agencies may seek to utilize investigative techniques to enforce restrictive abortion laws. One such possible method is the use of a modern investigative tool referred to as geofence warrants. Existing legal scholarship surrounding the topic of geofence warrants seeks to examine their constitutionality under the Fourth Amendment. Instead, this Article seeks to explore the implications associated with the potential use of geofence warrants within the specific context of criminalized abortions post-Roe, against the backdrop of their unsettled legal status and the ongoing public debate surrounding the data privacy concerns associated with their use. In addition, this Article advocates for legislative solutions on the federal and state level to form a multilayered approach to addressing this topic.

This Article addresses a timely and nuanced topic that has yet to be extensively explored in legal scholarship. By shedding light on the potential implications of law enforcement’s use of geofence warrants, a relatively new and constitutionally questionable investigative method, in the specific context of abortion bans after Roe, this Article seeks to foster informed dialogues and trigger public discourse about the significance of proactively safeguarding against the alarming repercussions arising from the application of this tool in abortion related criminal prosecutions.

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