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How the Iowa gambling investigation ….

I’m about 4 years and a lot of tests away from being a lawyer but saying this is a invalid search warrant is a stretch.
I do wish he and his team were spending time and $$ on other problems like drugs.


They said it was a warrantless search. You do that, you better be right because your options are pretty narrow for that.

“Special Agent Brian Sanger conducting a warrantless search on Iowa and Iowa State’s campuses. Special Agent Brian Sanger was given access to a tool that can invade people’s privacy. He initially used Kibana to place a warrantless GeoFence around a freshman/sophomore dorm at the University of Iowa to investigate underage gambling without any tips, complaints, or evidence that underage gambling was occurring.”
 
Got started.

You gotta be shitting me. Good job Iowa DCI. Way to protect and serve.



Here's the full text of Keith Murphy's tweet:


Update on the sports gambling investigation that rocked Iowa and ISU Athletics.

Attorney Van Plumb is requesting that the State provide requested discovery as well as additional discovery after the deposition of DCI Special Agents on 1/19/24.

The motion filed today lays out how the attorney alleged the investigation began:

“The State’s argument that “DCI agents began to identify irregular online/mobile sports wagering activity originating from state organizations that regularly participate in sanctioned sports wagering contests” was actually the result of Special Agent Brian Sanger conducting a warrantless search on Iowa and Iowa State’s campuses. Special Agent Brian Sanger was given access to a tool that can invade people’s privacy. He initially used Kibana to place a warrantless GeoFence around a freshman/sophomore dorm at the University of Iowa to investigate underage gambling without any tips, complaints, or evidence that underage gambling was occurring. The use of Kibana allowed him to see that online betting applications were opened in the dorms but the software did not allow him to determine if bets were actually being made. The other information he was able to see was the account numbers associated with the applications which did not contain identifying information about who was using the account. Special Agent Sanger approached his superior Troy Nelson and Assistant DCI Director Jobes to ask for permission to continue the investigation. He was told no.

“Special Agent Sanger then decided to target an athletic facility at the University of Iowa because it was a stand-alone facility with restricted access to athletes, coaching staff and support personal. Again, this was done without a warrant, tips, complaints, or evidence that illegal gambling was occurring.

“Special Agent Sanger identified the same information he had in relation to the dorm. He consulted his team of Heather Dunow, Phil Kennedy, Chris Atkins, and Chris Swigart to discuss continuing the investigation and again approached Special Agent Troy Nelson and Assistant Director Jobes who gave him the green light to continue the investigation. “Without reasonable cause the team of Special Agents targeted more facilities as well as began requesting subpoenas to obtain account information on hundreds of private citizens private information which was also without reasonable cause.

“The result was the indictment of a handful of Iowa’s Student Athletes even though the privacy of hundreds had been invaded. “During Special Agent Sanger’s deposition on January 19, 2024, he stated that he cannot remember why he decided to conduct the warrantless searches but that he was concerned about things such as people infiltrating Iowa’s sports team to gain insider information or match fixing.

“Special Agent Sanger also stated that only those Athletes that had used an account registered to a different person were charged and that those who had gambled in an account in their names were handled administratively. The Defense has received information that indicates this is not true and that in fact, there is a possibility that only high-profile athletes were targeted when charges were filed in the fall of 2023.”
 
They said it was a warrantless search. You do that, you better be right because your options are pretty narrow for that.

“Special Agent Brian Sanger conducting a warrantless search on Iowa and Iowa State’s campuses. Special Agent Brian Sanger was given access to a tool that can invade people’s privacy. He initially used Kibana to place a warrantless GeoFence around a freshman/sophomore dorm at the University of Iowa to investigate underage gambling without any tips, complaints, or evidence that underage gambling was occurring.”
Wasn’t that the attorney representing the athletes?
 
It'll be interesting to see how this all plays out. Two sides to every story, legalities and otherwise.

If, and I say if this was nothing more than a fishing expedition, I would say that we should all remember things like this when a state agency and/or county attorney's office asks the public for more resources.
 
They said it was a warrantless search. You do that, you better be right because your options are pretty narrow for that.

“Special Agent Brian Sanger conducting a warrantless search on Iowa and Iowa State’s campuses. Special Agent Brian Sanger was given access to a tool that can invade people’s privacy. He initially used Kibana to place a warrantless GeoFence around a freshman/sophomore dorm at the University of Iowa to investigate underage gambling without any tips, complaints, or evidence that underage gambling was occurring.”
What about the Iowa AG? Criminal charges are not filed by the DCI. She was apparently satisfied that evidence was obtained legally.
 
I’m about 4 years and a lot of tests away from being a lawyer but saying this is a invalid search warrant is a stretch.
I do wish he and his team were spending time and $$ on other problems like drugs.
If you read the link you would see the claim was there was no warrant at the time Brian Sanger used tools accessing private information in the beginning stages of this investigation.
 
Wasn’t that the attorney representing the athletes?

Sure. But you don’t put lies in a pleading or disprovable statements in a motion to the court.

There was either a warrant or there wasn’t. I’m pretty sure the attorney would know. Since he’s claiming it was warrantless, and he’s asking the Court for additional discovery? I’m going with he’s right for right now.
 
I didn't read the whole thing. Can you remind us of when he started "snooping" around these athletes? Related question- how soon after the Bama baseball coach got fired did this begin?

TIA!

I have no idea. I’m reading the same info you are.
 
If you read the link you would see the claim was there was no warrant at the time Brian Sanger used tools accessing private information in the begin stages or this investigation.
I did. I can claim he used a unicorn.
If a law enforcement officer googles someone is that a illegal search?
Uber used geofences. Can I sue them?
 
For those interested, the case numbers for the two cases in Story County:
Uwazurike's case: 02851 AGCR062881
Lee's case: 02851 AGCR062914

The motion for discovery was filed in Lee's case. If you have access to EDMS, you can pull a copy of the motion.
You have a opinion on this being an illegal warrant?
 
I did. I can claim he used a unicorn.
If a law enforcement officer googles someone is that a illegal search?
Uber used geofences. Can I sue them?
No because users accept that use of information in their terms of use. I claim you won’t pass those test.
 
If I was the AG, I'd get out in front of this right now before she loses control of the narrative. While it may have been County Attorneys involved, it is the state criminal investigation agency that was behind all of this.

This cannot be swept under the rug or allow people in the government to keep their heads down hoping this will just blow over.

In Shannon's case, he was of age to gamble. What I want to know for his sake, is how and why did the results of this investigation get turned over to the NCAA? I'm not sure that was permissible. Is the DCI allowed to just hand over the fruits of its investigation to an outside, non-governmental, private organization that has nothing to do with the so-called purpose of the investigation, ie., tracking under-aged gambling.

The whole thing is a sordid mess.
 
If I was the AG, I'd get out in front of this right now before she loses control of the narrative. While it may have been County Attorneys involved, it is the state criminal investigation agency that was behind all of this.

This cannot be swept under the rug or allow people in the government to keep their heads down hoping this will just blow over.

In Shannon's case, he was of age to gamble. What I want to know for his sake, is how and why did the results of this investigation get turned over to the NCAA? I'm not sure that was permissible. Is the DCI allowed to just hand over the fruits of its investigation to an outside, non-governmental, private organization that has nothing to do with the so-called purpose of the investigation, ie., tracking under-aged gambling.

The whole thing is a sordid mess.
I believe both Iowa and Iowa State self-reported to the NCAA. I would "bet" neither school or athletic department will ever do that again.
 
If I was the AG, I'd get out in front of this right now before she loses control of the narrative. While it may have been County Attorneys involved, it is the state criminal investigation agency that was behind all of this.

This cannot be swept under the rug or allow people in the government to keep their heads down hoping this will just blow over.

In Shannon's case, he was of age to gamble. What I want to know for his sake, is how and why did the results of this investigation get turned over to the NCAA? I'm not sure that was permissible. Is the DCI allowed to just hand over the fruits of its investigation to an outside, non-governmental, private organization that has nothing to do with the so-called purpose of the investigation, ie., tracking under-aged gambling.

The whole thing is a sordid mess.
If the school is aware of an infraction they have to report it - especially if eligibility is involved.
 
You have a opinion on this being an illegal warrant?

I'm neither a criminal defense attorney nor a prosecuting attorney. I'd be over the tips of my skis offering anything resembling a reliable opinion.

With the understanding that I took Criminal Law in law school 30+ years ago because it was required but didn't go anywhere near Criminal Procedure (although Prof. Jim Tomkovicz was and is one of my favorite people I met in that building), it strikes me that setting up a Geofence is akin to tapping someone's phone or placing a bug inside someone's house/apartment/condo. I'd think (again, criminal law is not my forte) that the government needs a warrant to tap phones or to place a bug. Thus, I'd think that the same line of reasoning applies.
 
If the school is aware of an infraction they have to report it - especially if eligibility is involved.
This is the right answer. UI Administration followed the rules they were supposed to follow.

The agent cited in the motion was formerly employed at the University of Dubuque as a wrestling coach/recruiter. Considering the amount of attention paid to this situation, I'm more than a bit skeptical that "he can't remember why he decided" to originally place a GeoFence around one of the dorms in Iowa City. If Plumb's assertion in the motion accurately identifies the agent's testimony, then the agent is either a moron or he is lying his ass off.
 
Sure. But you don’t put lies in a pleading or disprovable statements in a motion to the court.

There was either a warrant or there wasn’t. I’m pretty sure the attorney would know. Since he’s claiming it was warrantless, and he’s asking the Court for additional discovery? I’m going with he’s right for right now.
I pulled the motion after reading Keith Murphy's tweet. Was hoping that the attorney attached the depo transcript as an exhibit. Alas . . . not the case.
 
1. The damage is already done. Guys like Noah Shannon can't get back what they lost.
2. Illegal search wouldn't mean sh** to the NCAA. They can't "unknow" what they found out through someone else's actions.
3. Sanger needs to pay a price for what he did. POS

Someone posted a screen shot of the agent's LinkedIn page on-line. That page has been taken down.
 
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I'm neither a criminal defense attorney nor a prosecuting attorney. I'd be over the tips of my skis offering anything resembling a reliable opinion.

With the understanding that I took Criminal Law in law school 30+ years ago because it was required but didn't go anywhere near Criminal Procedure (although Prof. Jim Tomkovicz was and is one of my favorite people I met in that building), it strikes me that setting up a Geofence is akin to tapping someone's phone or placing a bug inside someone's house/apartment/condo. I'd think (again, criminal law is not my forte) that the government needs a warrant to tap phones or to place a bug. Thus, I'd think that the same line of reasoning applies.
NAL, so this is FWIW, but this makes sense to me. ^^ If what happened here is permissible, what stops law enforcement from electronically surveilling our every keystroke and swipe? No thank you!
 
If I was the AG, I'd get out in front of this right now before she loses control of the narrative. While it may have been County Attorneys involved, it is the state criminal investigation agency that was behind all of this.

This cannot be swept under the rug or allow people in the government to keep their heads down hoping this will just blow over.

In Shannon's case, he was of age to gamble. What I want to know for his sake, is how and why did the results of this investigation get turned over to the NCAA? I'm not sure that was permissible. Is the DCI allowed to just hand over the fruits of its investigation to an outside, non-governmental, private organization that has nothing to do with the so-called purpose of the investigation, ie., tracking under-aged gambling.

The whole thing is a sordid mess.
Bingo! This goes way above County Atty, I would suppose. Breaking the law (which the students were) or not, there are warrants that would need to obtained in order to pursue this matter, no? Even “minors” have Constitutional rights, correct? This could be a sticky wicket for someone in State Criminal Investigations…..
I am all in for enforcing gambling laws to the letter of the law….but proper etiquette needs to be followed in filing charges and conducting ALL investigations.
 
There were rumors at least one agent went rogue.

I hope the players sue the hell out of the State.
I’m not trying to defend this Brian Sanger turd, but I find it unlikely he or someone else just went rogue. He, or someone else, was requesting access to geo location software linked to online sportsbooks the gaming commission was already using according to this article.

After apparently receiving the access, it’s deployed with a geofence around a dorm at the UI. I’m not familiar with how the DCI conducts operations, but it’s pretty hard to believe he’s progressed this far without any input, help, or consultation. And even though Sanger’s supervisor and the Assistant DCI Director put the brakes on the initial investigation of the dorms, they didn’t shut the whole thing down or he wouldn’t have been able to monitor the athletic facilities. There has to be more to the genesis of this investigation.
 
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