New Jersey v. Van Salter

Brief of Amici Curiae American Civil Liberties Union, American Civil libreties Union of New Jersey, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers on behalf of Defendant-Respondent

New Jersey v. Van Salter

Brief Details
  • Case No.: A-003963-23T6
  • Brief Filed: October 22, 2024
Key Topics in the Brief

Briefs

Argument

NACDL and co-amici ACLU and EFF argue that geofence warrants are unconstitutional general warrants in violation of the Fourth Amendment and New Jersey's privacy protections for personal location information. Geofence warrants search massive amounts of deeply personal and private information belonging to hundreds of millions of people, all without identifying a suspect. The New Jersey Constitution recognizes a strong, categorical privacy interest in our personal location information. Geofence warrants fail to meet probable cause and particularity standards required by New Jersey and the Fourth Amendment, critically missing a demonstrable nexus between the data, the perpetrator, and the crime. 

Author(s)

Dillon Reisman and Jeanne LoCierco, American Civil Liberties Union of New Jersey Foundation, Newark, NJ; Jennifer Stisa Granick and Nathan Freed Wessler. American Civil Liberties Union Foundation, San Francisco, CA; Alan Silber, Pashman Stein Walder Hayden, Hackensack, NJ

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