<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
     xmlns:content="http://purl.org/rss/1.0/modules/content/"
     xmlns:wfw="http://wellformedweb.org/CommentAPI/"
     xmlns:dc="http://purl.org/dc/elements/1.1/"
     xmlns:atom="http://www.w3.org/2005/Atom"
     xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
     xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
     xmlns:georss="http://www.georss.org/georss"
     xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
     xmlns:media="http://search.yahoo.com/mrss/">
    <channel>
        <title><![CDATA[Fourth Amendment - Law Office of Katie Walsh]]></title>
        <atom:link href="https://www.katiewalshlaw.com/blog/tags/fourth-amendment/feed/" rel="self" type="application/rss+xml" />
        <link>https://www.katiewalshlaw.com/blog/tags/fourth-amendment/</link>
        <description><![CDATA[Law Office of Katie Walsh's Website]]></description>
        <lastBuildDate>Tue, 18 Aug 2026 17:09:04 GMT</lastBuildDate>
        
        <language>en-us</language>
        
            <item>
                <title><![CDATA[What Parents Should Know About Police Using Cell Phone Location Data Against Teens in California]]></title>
                <link>https://www.katiewalshlaw.com/blog/police-cell-phone-location-data-teens-california/</link>
                <guid isPermaLink="true">https://www.katiewalshlaw.com/blog/police-cell-phone-location-data-teens-california/</guid>
                <dc:creator><![CDATA[Law Office of Katie Walsh]]></dc:creator>
                <pubDate>Tue, 04 Aug 2026 16:42:50 GMT</pubDate>
                
                    <category><![CDATA[Defenses]]></category>
                
                
                    <category><![CDATA[CalECPA]]></category>
                
                    <category><![CDATA[cell phone location data]]></category>
                
                    <category><![CDATA[digital evidence]]></category>
                
                    <category><![CDATA[Fourth Amendment]]></category>
                
                    <category><![CDATA[geofence warrant]]></category>
                
                    <category><![CDATA[motion to suppress]]></category>
                
                
                
                    <media:thumbnail url="https://katiewalshlaw-com.justia.site/wp-content/uploads/sites/113/2026/08/police-cell-phone-location-data-teens-california.jpg" />
                
                <description><![CDATA[<p>Police can use a teenager’s cell phone location data in California, but how it was obtained decides which rules applied. Here are the three routes investigators use, what the geofence warrant ruling changed, and why location records alone do not prove your teen was there.</p>
]]></description>
                <content:encoded><![CDATA[
<p>Police can use cell phone location data against a teenager in California, but where that data came from decides which rules applied, and what it proves is a separate question from how it was obtained. If an officer says they can place your child’s phone somewhere, separate those two ideas early.&nbsp;</p>



<p>At The Law Office of Katie Walsh, our Orange County juvenile defense lawyer sees these cases turn on how the data was collected rather than on what it first appears to show.</p>



<h2 class="wp-block-heading" id="h-how-do-police-get-a-teen-s-location-data-in-california">How Do Police Get a Teen’s Location Data in California?</h2>



<p>Police in California obtain a teenager’s location data through three routes, and each carries its own rules. Which route produced the evidence in your child’s case determines what protections applied.</p>



<ul class="wp-block-list">
<li>The phone itself, which stores location history and follows the rules for any<a href="https://www.katiewalshlaw.com/blog/digital-evidence-and-your-teen-navigating-phone-searches-in-criminal-cases/"> search of your teen’s phone</a>. Under the California Electronic Communications Privacy Act,<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1546.1"> Penal Code Section 1546.1</a> generally requires a warrant before the government compels device or communication information. The exceptions are narrow: the specific consent of the authorized possessor, a probation search condition, or a genuine emergency.</li>



<li>The carrier’s records of which towers the phone connected to, which need a warrant as well, like<a href="https://www.katiewalshlaw.com/blog/smartwatch-gaming-chat-data-subpoena-juvenile/"> subpoenas for smartwatch or app data</a>.</li>



<li>A geofence request, where investigators describe an area and a time window and ask a provider who was inside it. This is the route that sweeps in teenagers who were near something rather than part of it.</li>
</ul>



<h2 class="wp-block-heading" id="h-did-the-supreme-court-change-the-rules-for-geofence-warrants">Did the Supreme Court Change the Rules for Geofence Warrants?</h2>



<p>Yes, the Supreme Court changed the legal status of geofence warrants in June 2026. In that month, the United States Supreme Court held in Chatrie v. United States that law enforcement’s use of a geofence warrant is a search under the Fourth Amendment, reasoning that a person has a reasonable expectation of privacy in records of a cell phone’s location.</p>



<p>The ruling does not declare every geofence warrant invalid, and it does not undo any particular case. It confirms that the technique is a search, so the government must satisfy Fourth Amendment requirements, including describing what it seeks with particularity.</p>



<h2 class="wp-block-heading" id="h-does-location-data-prove-my-teen-was-there">Does Location Data Prove My Teen Was There?</h2>



<p>Cell phone location data does not prove by itself that your teen was at a particular place. Location records show where a device was, not who was holding it, and precision varies widely between a tower connection and a satellite fix. A phone lent to a friend or left in a car can suggest a presence that never happened.</p>



<p>Even lawfully obtained records must be authenticated before a court relies on them, the same hurdle facing<a href="https://www.katiewalshlaw.com/blog/ai-chatbot-conversations-evidence-juvenile-case/"> AI chatbot conversations</a>, and where information was gathered improperly, a motion to suppress under<a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1546.4"> Penal Code Section 1546.4</a> is a live option.</p>



<h2 class="wp-block-heading" id="h-how-an-orange-county-juvenile-defense-lawyer-can-help">How an Orange County Juvenile Defense Lawyer Can Help</h2>



<p>These cases proceed in<a href="https://katiewalshlaw.com/juvenile-criminal-law/"> juvenile court</a> under Welfare and Institutions Code Section 602 at the Lamoreaux Justice Center in Orange, where proceedings are confidential. We review how location data was obtained, test whether the request met the particularity the Fourth Amendment requires, challenge what the records actually show, and move to suppress evidence gathered improperly.</p>



<p>We are ready to help your family. Call us at (714) 351-0178 for a free consultation, or<a href="https://katiewalshlaw.com/contact-us/"> contact us online</a>.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Can Your Teen’s School Search Their Phone Under California’s New Phone Law?]]></title>
                <link>https://www.katiewalshlaw.com/blog/teen-phone-search-california-phone-free-school-act/</link>
                <guid isPermaLink="true">https://www.katiewalshlaw.com/blog/teen-phone-search-california-phone-free-school-act/</guid>
                <dc:creator><![CDATA[Law Office of Katie Walsh]]></dc:creator>
                <pubDate>Tue, 16 Jun 2026 14:33:47 GMT</pubDate>
                
                    <category><![CDATA[Defenses]]></category>
                
                
                    <category><![CDATA[AB 3216]]></category>
                
                    <category><![CDATA[Fourth Amendment]]></category>
                
                    <category><![CDATA[juvenile defense]]></category>
                
                    <category><![CDATA[Orange County]]></category>
                
                    <category><![CDATA[Phone-Free School Act]]></category>
                
                    <category><![CDATA[student rights]]></category>
                
                
                
                    <media:thumbnail url="https://katiewalshlaw-com.justia.site/wp-content/uploads/sites/113/2026/06/teen-phone-search-california-phone-free-school-act.jpg" />
                
                <description><![CDATA[<p>AB 3216 controls when students can use their phones, not whether a school can search one. Here’s the legal standard schools have to meet first.</p>
]]></description>
                <content:encoded><![CDATA[
<p>California’s Phone-Free School Act requires every school district in the state to restrict student smartphone use during the school day, and many Orange County parents are wondering what that means for their teen’s privacy.&nbsp;</p>



<p>The <a href="https://www.katiewalshlaw.com/lawyers/katie-walsh/">Law Office of Katie Walsh</a> wants you to know that the new law controls when students can use their phones, not whether a school can read through one.</p>



<h2 class="wp-block-heading" id="h-what-does-the-phone-free-school-act-actually-require"><strong>What Does the Phone-Free School Act Actually Require?</strong></h2>



<p><a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB3216">Assembly Bill 3216</a> requires every school district, county office of education, and charter school in California to adopt a policy limiting or banning student smartphone use during the school day. Districts must have a policy in place by July 1, 2026, with those policies taking effect for the 2026-2027 school year. Exceptions exist for medical needs, emergencies, and students with an IEP that requires phone access.</p>



<p>The phone law is about usage during school hours, not about what is stored on a device. A school requiring your teen to keep their phone in a pouch or locker is acting under AB 3216. A school opening the phone to read messages or view photos is a different issue entirely, and a different set of rules applies.</p>



<h2 class="wp-block-heading" id="h-can-the-school-search-what-is-on-your-teen-s-phone"><strong>Can the School Search What Is On Your Teen’s Phone?</strong></h2>



<p>No, not without meeting a legal standard first. Searching a student’s phone content is governed by the Fourth Amendment, which protects against unreasonable searches. Under the U.S. Supreme Court’s ruling in New Jersey v. T.L.O., a school official generally needs reasonable suspicion before searching a student’s belongings. Reasonable suspicion means specific, articulable facts suggesting the search will turn up evidence of a rule violation or a crime.</p>



<p>If police are involved, the standard is typically higher. Officers generally need a warrant or consent to search a phone, even on school grounds. The phone law did not change any of this. A school can take your teen’s phone for a policy violation; reading what is on it requires something more.</p>



<h2 class="wp-block-heading" id="h-when-does-a-phone-search-turn-into-a-juvenile-case"><strong>When Does a Phone Search Turn Into a Juvenile Case?</strong></h2>



<p>This is where parents need to pay close attention. If a search, lawful or not, turns up messages, photos, or anything suggesting criminal activity, the school can refer the matter to law enforcement. That referral is how a school disciplinary issue becomes a juvenile criminal defense matter.</p>



<p>Once police are involved, your teen has constitutional rights that must be protected from the start. Evidence gathered in a search may be challengeable if the search violated the Fourth Amendment. A <a href="https://www.katiewalshlaw.com/school-discipline/">school discipline</a> issue and a juvenile court case require very different responses, and the decisions made in the first hours matter.</p>



<h2 class="wp-block-heading" id="h-call-the-law-office-of-katie-walsh-if-a-school-phone-search-has-your-teen-facing-charges"><strong>Call the Law Office of Katie Walsh If a School Phone Search Has Your Teen Facing Charges</strong></h2>



<p>A school phone search can be the first step toward a juvenile criminal matter, and families who move quickly tend to have more options. We defend minors only, and our Orange County juvenile defense attorney has spent over twenty years in Orange County courts, first as a juvenile prosecutor at the Lamoreaux Justice Center and later as the lawyer families call when a school referral turns into a police matter.&nbsp;</p>



<p>Call (714) 351-0178 or <a href="https://www.katiewalshlaw.com/contact-us/">contact us online</a> to talk through what happened and what comes next.</p>



<p></p>
]]></content:encoded>
            </item>
        
    </channel>
</rss>