Tech
We’re Asking the Ninth Circuit to Hold Reverse Location Warrants Categorically Unconstitutional
Publication: Deeplinks
Author: Andrew Crocker
Source published: 04/11/2026, 20:26:48 UTC
Briefing created: 05/11/2026, 01:15:20 UTC
Based on a feed excerpt; full article content has not been acquired. Source evidence retrieved 05/11/2026, 00:20:24 UTC.
Briefings
Amicus briefs filed by ACLU and EFF in United States v. Spurlock challenge the Ninth Circuit's refusal to suppress evidence from tower dump warrants, arguing these searches violate the Fourth Amendment by functioning as general warrants. The Ninth Circuit previously held that geofence warrants are unconstitutional, but the court rejected suppression based on the good faith doctrine. The Supreme Court recently ruled that similar geofence warrants are searches under the Fourth Amendment, strengthening the argument against tower dumps. The brief emphasizes that searching all people in an area without probable cause reproduces the evils of general warrants, which the framers intended to prevent.
Key points
- The Ninth Circuit refused to suppress evidence from tower dump warrants in United States v. Spurlock, citing the good faith doctrine despite a prior decision that geofence warrants are unconstitutional searches.
- The Supreme Court recently ruled that geofence warrants are searches under the Fourth Amendment, strengthening the argument that tower dump warrants are also unconstitutional general warrants.
Context
This case involves an investigation into two murder victims in rural California, where police sought a tower dump warrant covering a stretch of highway. The district court relied on a Fifth Circuit decision to hold tower dumps unconstitutional, but the Ninth Circuit refused to suppress evidence based on the good faith doctrine. The Supreme Court's recent ruling on geofence warrants provides critical context for the constitutional challenge to these overbroad surveillance techniques.
Limitations
The evidence is limited to the amicus briefs filed by ACLU and EFF in the Ninth Circuit court of appeals. The specific scope of the warrant, the exact number of phones retrieved, and the timeline of the court's decision-making process are not fully detailed in the provided text. The court's final ruling on the good faith doctrine remains uncertain without further judicial action.
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