Google provided investigators with location data for more than 5,000 devices as part of the federal investigation into the attack on the US Capitol.
For the final step, the government sought subscriber information, including phone numbers, Google accounts, and email addresses, for two groups of users. The first was for devices that appeared to have been entirely within the geofence, to about a 70 percent probability. The second was any devices for which the Location History was deleted between January 6 and January 13.
Rhine was first flagged to the FBI by tipsters who had heard that he had been inside the Capitol. But investigators only identified him in surveillance footage after they matched it against the precise geofence coordinates of his phone. His lawyer is now trying to get the geofence evidence thrown out on a number of grounds, including that it was overly broad in who it rounded up, and that Rhine had a constitutional expectation of privacy in his Google data.
If the judge tosses the geofence evidence in the Rhine case, there is a chance that he and other suspects identified using it could walk free. Despite the unprecedented number of individuals swept up in the January 6 search warrant and some strong arguments from Rhine’s lawyer, Tokson thinks the chance of his motion succeeding is very low. “Unlike a geofence warrant for a bank robbery, the people in this location are all likely to be engaged in at least a low-level criminal trespass and in some cases worse,” he says. “There’s a stronger than usual probable cause argument in favor of the government here.
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