FAQs

Geolocation metadata includes information derived from geo coordinates of an activity (addresses, points of interest, etc.) or devices along with date and time of the information. Metadata enrichment can add other information depending on the richness of metadata (i.e., network address, provider, etc.).

No. That information would only be available from mobile carriers or Internet Service Providers.

The geolocation data is accurate within a few meters and is based on how the application tracks the information. For example, a home wifi signal might be accessible 20 meters from the source so a mobile device may show outside the home, not the center of the signal.

100m is a reasonable distance from which witnesses could view an event. Also, there is a chance that a device of interest may have sent a geolocation report before entering or after leaving a location of interest. Multiple searches may be performed to capture data in more than one location.

The event date may be set up to three years back from today’s date.  For example: If you’re interested in an event dated May 5, 2022, that date can be entered. Then, the +/- 30 days from that date would be applied.

Using ERAD, an officer can swipe any credit, debit or prepaid card to see if the information on the magnetic stripe matches the cardholder name, card number and financial institution issuer printed on the card, as well as determine the cash balance. This information will allow the officer to determine whether or not the card is legitimate.

If an officer identifies suspicious prepaid cards, ERAD makes it possible to temporarily freeze the balance, secure the funds in a law enforcement bank account and document them as evidence for trial.

The magnetic stripe on a card contains the same information as what’s visible on the front of the card: name, card number, expiration date, and issuer information. A prepaid card stripe also contains the balance. ERAD security technology prevents law enforcement from gathering personally identifying information (PII), such as addresses and bank account information. Multiple courts have ruled that there is no expectation of privacy in the magnetic stripe of a payment card because the cards are already used as a method of financial exchange. In other words, when a law enforcement officer swipes a card as part of a reasonable search, it’s no different – and no more invasive – than a retail clerk doing the same thing. (US v. Benjamin, 2014 WL 5431349, D.Neb. 14 and US v. Alabi, 934 F. Supp. 2d 1201 (D.N.M. 2013)

The 5th Circuit Court of Appeals ruled in 2016 that reading data on a magnetic stripe is not a search.

The 6th Circuit Court of Appeals ruled that law enforcement officials can legally read the information on a card’s magnetic stripe because it should only contain the same information that is already visible on the front of the card.

The 8th Circuit Court of Appeals recently ruled for similar reasons that swiping or scanning a payment card is not a Fourth Amendment search and therefore doesn’t require a warrant.

 Law Enforcement can seize money from peer-to-peer payment applications using the ERAD system if the agency has the legal authority and ability to access the application and a seizure is appropriate. Criminals can connect prepaid cards to cash application accounts and are doing so more frequently to transmit money associated with crimes such as drug and human trafficking and other scams targeting consumers.