DOJ to appeal court decision ruling broad cell phone tower searches are unconstitutional

The Department of Justice on Tuesday said it will appeal a precedent-setting court ruling finding it is unconstitutional for law enforcement to harvest vast amounts of data from cell phone towers when investigating specific crimes.

On February 21, U.S. Magistrate Judge Andrew Harris said he would not authorize search warrants allowing investigators to pull large and indiscriminate amounts of data from nine cell phone towers as part of an FBI probe of a violent gang operating in the surrounding area.

Harris ruled that tower dumps constitute a search and therefore trigger Fourth Amendment protections barring unreasonable searches and seizures.

“If the Court were to issue the warrants, it would be authorizing the Government to search the data for every cellular device (including cell phones) of every single individual near the crime scenes without a showing of probable cause as to each individual,” the ruling said.

“Stated another way, the Government is essentially asking the Court to allow it access to an entire haystack because it may contain a needle.”

The ruling could have implications across the country because many law enforcement agencies use the tactic, known as “tower dumps.” 

A court has never before ruled against law enforcement usage of tower dumps, though in August a federal appeals court found that a similar tactic, known as a geofence warrant, is unconstitutional.  

In seeking an extension to file an appeal, federal prosecutors said they needed time to properly argue “a rather novel issue.” 

Court Watch first reported the February 21 ruling and the Justice Department’s plans to appeal.

Their deadline for filing the appeal is March 21.