University of Iowa athletes 'reasonably searched' in gambling scandal
Evidence that led to the indictment of 41 Iowa State college athletes with gambling violations was allegedly obtained during a warrantless search by an agent with the state's Division of Criminal Investigation (DCI). An attorney represents both athletes, according to documents filed Monday in Storey County District Court.
Van Plumb is the attorney for former Iowa State defensive end Isaiah Lee, who faces felony charges for betting on his own team during the 2021 football game. The charges specifically relate to Lee's alleged attempts to conceal his identity while placing bets on DraftKings through his mother's account.
Plum also represents Cyclones' Eyioma Uwazurike, who allegedly placed bets using an account registered in his girlfriend's name.
Artificial Intelligence Geofencing
Plumb accused DCI Agent Brian Sanger of using artificial intelligence technology to place geofences around University of Iowa dormitories to collect evidence about underage gambling. He did so without a warrant and without "indications, complaints or evidence of underage gambling," the document states.
To obtain a search warrant, law enforcement must prove "probable cause." This means there must be reasonable grounds to suspect that the identified suspect has committed a crime, or that a search will uncover evidence.
Failure to establish probable cause may violate an individual's rights under the Fourth Amendment, which protects Americans from unreasonable searches or seizures of property. Additionally, a court may deem evidence obtained without a search warrant inadmissible.
Plumb noted that two of Sanger's superiors initially shut down the investigation, then changed their minds and allowed it to continue.
"I do not remember"
In Sanger's testimony last week, the agent admitted that he "can't remember why he decided to conduct a warrantless search but [said] he was concerned about people, for example, attacking Iowa State sports teams." Infiltration to gain insider knowledge information or engage in match-fixing," according to Plum's filing.
Sanger's investigation resulted in charges against 26 Iowa State athletes and 15 Iowa State athletes. Nine of the 15 defendants pleaded guilty to underage gambling. Most others had their charges dismissed for lack of actual criminal activity.
"Agent Sanger's choice to use software that allowed him to access an individual's private information without a search warrant raises constitutional issues related to illegal searches and seizures," Plumb said in an email to WHO TV broadcasting the statement the statement said.
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Source: www.casino.org