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Geofence Warrant: To Unearth Truth

The law to amend in equal footing as the development of technology. After the proliferation of internet usage in smartphones options of gathering evidence for investigative agencies also increased. The legislators need to embrace technology should enact policies and procedures that make it more accessible for law enforcement officials to access information within a specified period of time. Timelines should be legislatively fixed in obtaining the information for any criminal prosecution. Imagine if the Law enforcement officials have the access to seek more information in solving cases. Thus, saving valuable court time and pending cases for want of solid evidence to nab the wrongdoer will be drastically be reduced from a legal point of view.

A different modus operandi.
The Geofence warrant We know that Google collects and retains location data from a device running the Android operating system. If the user activated GPS it's easy to identify the user location, cell site/cell tower triangulation/trilateration, precise measurement information like timing advance or per call measurement data, wi-fi location and internet protocol address based on the information.

Any android device using google products with that location data, google to access easily particular geographic area, the specific time frame of its users. This information can inculpate or exculpate a user's by showing that the user was or was not, near a specific location at that time which often provides a clue to the user identity, the location that tremendously assists with police investigations of criminal activity.

By analysing the data law enforcement officials effortlessly to identify users who may have witnessed or participated in any offences or who may be a potential witness.

Legislators should recognize the technology-centric approach

A search warrant is legally required to obtain geofencing information.

Usually, law enforcement officers apply for a search warrant when they have a solid reason to believe that a particular person has involved in a particular crime and that the warrant will uncover evidence thereof.

If law enforcement officers find difficulty in resolving the crime for lack of evidence at the crime scene. He approaches the judiciary for issuance of Geofence warrant. The issuance of the warrant after level of probable causes evaluated by the judiciary such as Failure to issue may lead to loss of critical evidence from an investigative or prosecutorial viewpoint.

Like in the USA, If the Geo warrant introduced to the Indian Legal system without eroding Invasion of privacy.

Craft legislation to issue Geo fence warrants if there is a reason to believe that the records sought are relevant to a legitimate law enforcement inquiry supported by probable cause before acquiring such records. That enables law enforcement agencies to gain access will enhance broaden nature of the searches for investigation.

The Policy be framed that Evidence gathered through this warrant should be admissible in judicial proceedings, preliminary hearings, bail hearings, and other non-trial proceedings

Established Model.
This concept is not new already Railway Department ticket issuing Application UTS use this model for booking Sub Urban ticket. A user to book a ticket through this application within the range of 5 kms to 30 meters radius of suburban railway stations will be allowed to book the ticket. If the user within 30 meters closer limit to any railway station the application will not be allowed to book the tickets.

Recently Greater Noida region launched Geo-Inspection edition mobile application for collection & updation of solid waste/Bulk waste Generators based on Geo-Fence aspect.

In coming years technology to play a a greater role in the court procedures to help litigants

In this Digital world only least, the user leaves without a digital footprint in the borderless virtual world.

By adopting new emerging technology will ensure that criminals cannot be allowed to get away scot-free for lack of evidence. Law reform initiatives to aid as it can benefit litigants at large that improve access for justice and faster resolution of disputes.

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