Matthew Gault reports:
This article was produced in collaboration with 404 Media, a new independent technology investigations site.
A judge in Nevada has ruled that “tower dumps”—the law enforcement practice of grabbing vast troves of private personal data from cell towers—is unconstitutional. The judge also ruled that the cops could, this one time, still use the evidence they obtained through this unconstitutional search.
[…]
A Nevada man, Cory Spurlock, is facing charges related to dealing marijuana and a murder-for-hire scheme. Cops used a tower dump to connect his cellphone with the location of some of the crimes he is accused of. Spurlock’s lawyers argued that the tower dump was an unconstitutional search and that the evidence obtained during it should not be. The cops got a warrant to conduct the tower dump but argued it wasn’t technically a “search” and therefore wasn’t subject to the Fourth Amendment.
U.S. District Juste Miranda M. Du rejected this argument, but wouldn’t suppress the evidence. “The Court finds that a tower dump is a search and the warrant law enforcement used to get it is a general warrant forbidden under the Fourth Amendment,” she said in a ruling filed on April 11. “That said, because the Court appears to be the first court within the Ninth Circuit to reach this conclusion and the good faith exception otherwise applies, the Court will not order any evidence suppressed.”
Read more at Court Watch.