The Department of Justice says it will appeal a court ruling finding it’s unconstitutional for law enforcement to harvest large amounts of data from cell phone towers when investigating specific crimes. U.S. Magistrate Judge Andrew Harris said in February 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 area.
Harris ruled that “tower dumps” constitute a search and therefore trigger Fourth Amendment protections barring unreasonable searches and seizures. The Record reports the ruling could have implications nationwide because many law enforcement agencies use the tactic. A court has never ruled against law enforcement use of tower dumps, though in August a federal appeals court found that a similar tactic, known as a geofence warrant, is unconstitutional.
Federal prosecutors are planning an appeal. They seek an extension to properly argue “a rather novel issue.” Court Watch first reported the February ruling and the Justice Department’s plans to appeal. The deadline for that filing is March 21.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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