We’re Asking the Ninth Circuit to Hold Reverse Location Warrants Categorically Unconstitutional

Yesterday, along with the ACLU, EFF filed an amicus brief in the Ninth Circuit court of appeals in United States v. Spurlock, a case involving a “tower dump” warrant. These overbroad warrants require cellular providers to turn over location data about every phone in a given area at a given time. This is the first such case to be heard by a federal appeals court since the US Supreme Court ruled this summer that highly similar “geofence” warrants are searches under the meaning of the Fourth Amendment. Spurlock involves an investigation into two murder victims discovered on the side of a rural California highway. Police also found a car belonging to one of the victims several miles away on the same highway. They quickly sought a tower dump warrant for an area covering this stretch of road, which eventually revealed location data on nearly 1,700 unique phones. Faced with a motion to suppress, the district court relied on a Fifth Circuit court of appeals decision about geofence warrants to