The Colorado Supreme Court on Monday upheld a controversial search warrant that Denver police used to identify the teenagers accused of killing five people in a house fire three years ago, while also finding that Coloradans have a constitutionally-protected privacy interest in their Google search histories.which required Google to turn over the account information for any users who searched particular keywords in a particular time frame.
In a dissent, Justice Monica Márquez, joined by Justice Carlos Samour, wrote that they believe the warrant was unconstitutional and that the state Supreme Court’s ruling gives a broad greenlight to the future use of reverse keyword search warrants. Police identified Bui, Seymour and a third teenager by serving Google with a search warrant that sought a list of any Google users who had searched for the home’s address in the 15 days leading up to the fire. The information Google provided led authorities to the three teenagers.
“We need not resolve today whether a search of such data requires probable cause individualized to a single Google account holder because even if we were to conclude that it does, for the reasons explained below, the evidence here would still be admissible under the exclusionary rule’s good-faith exception,” Hood wrote.
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