A missing person case involves an individual who disappeared

Geofence warrants should specify the precise geographical area and time frame for data collection.
Read the following scenario and explain if the warrant is particular enough.
A missing person case involves an individual who disappeared while on vacation at La Jolla's Windansea Beach, last seen by her spues. Law enforcement seek a geofence warrant to collect location data for all devices in the area over the past 3 moths, hoping to trace the individual's movements.
1) Begin your answer by defining how you think a court might define particularity in the above scenario.
2) Then explain if the warrant is particular enough.
3) If it is not, how would you rewrite the warrant.

Defining Particularity in a Warrant In the context of a search warrant, particularity refers to the requirement that the warrant must clearly specify the place to be searched and the items or information to be seized. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures, and one way to ensure reasonableness is by requiring warrants to be particular. Evaluation of the Warrant’s Particularity In the given scenario, where law enforcement seeks a geofence warrant to collect location data for all devices in the area surrounding La Jolla’s Windansea Beach over the past three months, particularity can be defined as specifying the precise geographical area and time frame relevant to the missing person’s case. The warrant in question appears to be particular enough. It specifies the geographical area of interest, i.e., the area surrounding Windansea Beach in La Jolla where the individual went missing. Additionally, it also states a clear time frame of the past three months, which is directly related to the period during which the individual’s disappearance occurred. By focusing on a specific location and a defined time period, law enforcement aims to trace the missing person’s movements during their vacation, which is essential for their investigation. Given that the warrant already provides the necessary specificity regarding the geographical area and time frame relevant to the missing person’s case, there is no need to rewrite the warrant. It adequately addresses the requirements of particularity by limiting the data collection to a specific location and time period directly linked to the incident being investigated. By obtaining a geofence warrant that specifies the precise geographical area and time frame, law enforcement can gather essential location data from devices within the vicinity of Windansea Beach during the relevant period. This targeted approach respects privacy rights while assisting in tracing the missing person’s movements, potentially leading to valuable clues or information in the investigation.          

Sample Answer