On this appeal, the court addresses an issue of first impression in New Jersey and holds governmental requests for all data from cell towers, referred to as "tower dump" searches, require a warrant and the warrant must be particularized and supported by probable cause. The court also holds that at the appropriate time the State must delete, and cannot retain, information it obtains concerning third-party users who were not involved in the crimes being investigated.
Applying these holdings to the warrants being challenged on this appeal, the court holds that four communication data warrants, which compelled four cellular service providers to turn over large amounts of subscriber information from cell towers near a crime scene, and which resulted in the disclosure of information from over ten thousand cellular device users who were not involved in the crimes, were unconstitutional under both the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution.
The court also holds, however, that the information identifying defendants would have inevitably been discovered through lawful means. Consequently, the court affirms, on alternative grounds, the order denying defendants' motion to suppress the evidence obtained from the warrants as they relate to defendants.