Iowa guard Ahron Ulis (1) is one of 26 Iowa athletes suing state investigative authorities on allegations of illegal overreach in their gambling probes. (Image: Rogelio Solis/Associated Press/Alamy)

Lawyers representing 26 athletes at three different universities in Iowa filed a federal lawsuit on Friday, accusing law enforcement officers of illegally using geofencing technology to access information on their cell phones without a warrant.

The 47-page lawsuit, which was filed in the Southern District of Iowa in Des Moines, accuses Iowa’s Division of Criminal Investigation (DCI) of conducting unreasonable seizures, violating the Fourth and 14^th Amendment rights of the athletes in question.

Geofencing Software Used Without Warrant

The plaintiffs in the case include 16 athletes from the University of Iowa, nine from Iowa State University, and one from a central Iowa community college. Thirteen of the athletes played football, while the rest were split between wrestling, baseball, and basketball.

“Due to DCI’s actions and/or failures to legally investigate the Plaintiffs, the Plaintiffs were all indicted and some were convicted, severely upending their lives, collegiate careers and future opportunities,” lawyers Matt Boles and Van Plumb wrote in the lawsuit.

Plaintiffs include:

Eyioma Uwazurike, Jirehl Brock, Isaiah Lee, DeShawn Hanika, Cobe Siebrecht, Nelson Brands, Ahron Ulis, Dodge Sauser, Keaton Anthony , Jake Remsburg, Hunter Dekkers, Noah Shannon, Benjamin James Tallman, Jacob Henderson, Jake English, Cullan Schriever, Tony Cassioppi, Aaron Blom, Jeremiah Williams, Abe Assad, Howard Brown, Patrick Kennedy, Gehrig W. Christensen, Arland Bruce IV, Jack Johnson and Harary Bracy

The lawsuit alleges that DCI special agent Brian Sanger used software (known as Kibana) provided by GeoComply to specifically draw boundaries around athletic facilities at the universities in early 2023. Using the software, Sanger could see the account numbers of gambling site accounts being accessed in those areas, but could not identify the individuals associated with those accounts.

However, DCI then subpoenaed records from multiple sports betting companies to reveal who those account holders were. That information was then used to charge athletes with crimes ranging from underage gambling to identity theft.

In January, Sanger gave a deposition acknowledging that he never obtained warrants while using Kibana. GeoComply responded by ending its partnership with DCI. 

State law enforcement officials did later obtain warrants to search the athletes’ phones. However, the lawsuit alleges that those warrants were unconstitutional because they were obtained based on information obtained illegally by Sanger.

Athletes Claim Impact on Careers, Other Damages Due to Investigation 

In total, 16 athletes ultimately faced criminal charges, with 12 pleading guilty to underage gambling. 

Four others were charged with felony identity theft. However, those cases were dismissed in March when defense attorneys argued that state investigators exceeded the permitted use of GeoComply’s software during the investigation. Prosecutors ultimately filed a motion agreeing that new evidence indeed showed that DCI investigators overstepped their bounds. 

While the 10 other athletes ultimately avoided criminal charges, they still allege that they lost playing time and faced potential sanctions that either did or could impact their athletic careers, according to the lawsuit. NCAA rules prohibit wagering by players on any level of any sport the NCAA offers. 

The lawsuit names not only the DCI, but also the state of Iowa and the Iowa Department of Public Safety (DPS) as defendants. Individuals named in the lawsuit include DCI special agents Sanger, David Jobes, and Troy Nelson, along with DCI director Paul Feddersen and DPS commissioner Stephan Bayens. 

The filing seeks both actual and punitive damages for each of the 26 athletes named as plaintiffs. Damages noted in the lawsuit include deprivation of constitutional rights, humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress, pain and suffering and medical expenses, and court expenses, among others. 

Despite the lawsuit and the prior court setbacks, Iowa law enforcement officials maintain they used the GeoComply technology lawfully during their investigation. 

“Prior to using the tools provided, the Department of Public Safety conferred with legal counsel to ensure lawful access to and use of the technology,” the Iowa DPS said in a statement. “We believe the evidence was obtained in a constitutionally permissible manner. Ultimately it is up to the courts to decide.”