United States v. Spurlock
778 F.Supp.3d 1136
D. Nev.2025Background
- Cory Spurlock was indicted for murder-for-hire conspiracy and conspiracy to distribute marijuana, involving the deaths of three victims.
- The government’s investigation involved a “tower dump” warrant collecting data from all cell phones connecting to nearby towers during a specific time/place.
- Spurlock moved to suppress evidence derived from this tower dump and also evidence from a warrantless search of a warehouse (27 Red Rock Drive) previously rented by him.
- The tower dump produced location data for over 1,600 phones; Spurlock argued this was an unconstitutional general warrant pursuant to the Fourth Amendment.
- The warehouse search was consented to by the landlord’s daughter, who acted after Spurlock’s apparent abandonment of the property.
Issues
| Issue | Spurlock’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Is the tower dump a Fourth Amendment search? | Yes; tower dumps reveal private location info, requiring a warrant. | No; not sufficiently intrusive and falls outside Carpenter. | Yes; it's a search. |
| Was the tower dump warrant a general warrant? | Yes; it lacked specificity, targeting anyone in the area. | No; warrant was limited by time/place and based on probable cause. | Yes; it's an unconstitutional general warrant. |
| Does the good faith exception apply? | No; judge rubber-stamped warrant, no probable cause. | Yes; officers and judge acted in good faith based on then-existing law. | Yes; evidence not suppressed due to good faith. |
| Did Spurlock have a privacy interest in 27 Red Rock Drive? | Yes; he was still the occupant and did not validly abandon. | No; Spurlock had abandoned the property before the search. | No; Spurlock abandoned property, so no standing. |
Key Cases Cited
- Carpenter v. United States, 585 U.S. 296 (2018) (holding individuals have a privacy interest in cell site location information; warrants required)
- United States v. Leon, 468 U.S. 897 (1984) (establishing the good faith exception to the exclusionary rule)
- United States v. Elmore, 917 F.3d 1068 (9th Cir. 2019) (scope of exclusionary rule when search warrant was invalid)
- United States v. Fisher, 56 F.4th 673 (9th Cir. 2022) (standard for abandonment and privacy expectation in Fourth Amendment analysis)