In documents filed Thursday in Denver District Court, lawyers for the 17-year-old argue that the police violated the Constitution when they got a judge to order Google to check its vast database of internet searches for users who typed in the address of a home before it was set ablaze on Aug. 5, 2020. Three adults and two children died in the fire.
That search of Google’s records helped point investigators to the teen and two friends, who were eventually charged in the deadly fire, according to police records. All were juveniles at the time of their arrests. Two of them, including the 17-year-old, are being tried as adults; they both pleaded not guilty. The defendant in juvenile court has not yet entered a plea.
The 17-year-old’s lawyers say the search, and all evidence that came from it, should be thrown out because it amounted to a blind expedition through billions of Google users’ queries based on a hunch that the killer typed the address into a search bar. That, the lawyers argued, violated the Fourth Amendment, which protects against unreasonable searches.
“People have a privacy interest in their internet search history, which is really an archive of your personal expression,” said Michael Price, who is lead litigator of the National Association of Criminal Defense Lawyers’ Fourth Amendment Center and one of the 17-year-old’s attorneys. “Search engines like Google are a gateway to a vast trove of information online and the way most people find what they’re looking for. Every one of those queries reveals something deeply private about a person, things they might not share with friends, family or clergy.”