Brief filed: 08/29/2025
Documents
- NACDL, ACLU, EFF Amicus Brief
- Order Denying Tower Dump Application
- Order Requiring Response to Amici
- Motion to File Amici Curiae
In Re: Warrant Applications for Four Tower Dumps
Case No. 3:25-cr-00038-CWR-ASH
Argument(s)
A federal magistrate in Mississippi rejected four government applications for “tower dump” warrants and published an opinion concluding that such warrants violate the Fourth Amendment. See 2025 WL 603000 (S.D. Miss. Feb. 21, 2025). The decision followed the Fifth Circuit’s categorical rejection of geofence warrants in United States v. Smith, 110 F.4th 817 (5th Cir. 2024). The government sought to reverse the magistrate's decision in district court. NACDL received permission to participate as amicus and filed a brief supporting the magistrate’s opinion with co-amici ACLU, EFF, and the Office of the State Public Defender.
The amicus brief emphasizes that the tower dump warrants would require cell phone service providers to disclose the location data of thousands of people at once without probable cause or particularity. If further notes that the government would retain this data, leaving the door open to use that sensitive information for unrelated investigations. The brief explains the privacy and property interests that people have in their cell phone location information and argues that tower dump are unconstitutional general warrants prohibited by the Fourth Amendment.
Author(s)
Joshua Tome, ACLU of Mississippi; André de Gruy, State Defender Office of Satte Public Defender; Goodloe T. Lewis, Hickman, Goza, & Spragins; Michael Price, NACDL; Cynthia Orr, NACDL
