Suspended Iowa Athletes Claim Constitutional Violation
Jesse M. Cox Published 15/10/2026
A group of Iowa athletes suspended for sports betting is claiming a violation of their Fourth Amendment rights. A 2024 sting operation caught 35 Iowa university and community college athletes involved in illegal gambling. They were found to be betting on sports in violation of NCAA policy. The athletes filed suit over invasion of privacy. However, the suit was dismissed by a Federal Court judge in November of last year.
The suspended athletes are appealing that ruling to the Eighth Circuit Court. They claim in their suit that their Fourth Amendment rights were violated when investigators used geofencing technology to track when the suspended athletes were opening sports betting apps in or near athletic facilities.
Iowa athletes are arguing that a lower court erred in ruling against their lawsuit
In dismissing the federal lawsuit filed by 35 Iowa college athletes, U.S. District Judge Rebecca Goodgame Ebinger ruled that investigators had qualified immunity that allowed them to access the cellphone records of the guilty parties via a warrantless sweep. The judge agreed that there was violation of the athletes' Fourth Amendment rights. However, her opinion was that there was no clear establishment of the unconstitutionality of the geolocation search at the time.
Agents from Iowa's Department of Public Safety, Division of Criminal Investigation, did have search warrants for the cellphones they accessed. They were getting access to geolocation software through GeoComply. That company tracks users from online sportsbooks to determine that they are placing bets from within legal boundaries.
The failed lawsuit was arguing that the search warrants were "invalid and unconstitutional" because the information used to justify them was acquired without a warrant.
James P. Roberts, the lawyer representing the college athletes in their Eighth Circuit Court appeal, is arguing that the lower court erred in this ruling. He is arguing that a court can't grant qualified immunity when no previous case had addressed this particular use of technology.
“Defendants searched digital, historical location information to identify individuals, and then determined if those individuals had even committed a crime," Roberts said, according to reporting by Courthouse News Service.
New technology presents a legal conundrum
Judges hearing the appeal agree that the uniqueness of the technology involved in the search does present a perplexing issue.
“To me, that underscores the difficulty that law enforcement will face in trying to determine what the law is and what is protected and what is not protected," U.S. Circuit Judge Bobby Shepherd said.
U.S. Circuit Judge L. Steven Grasz acknowledged to Roberts that courts are struggling to maintain pace with ever-evolving technology.
“My concern, counsel, is I believe, under your line of reasoning, the law would never, ever be clearly established because the technology is constantly changing," Grasz said. “So, if there are any small changes to the app, for example, the law would never be clearly established.”
Iowa athletes involved in this lawsuit include a current NFL player
Those caught in the gambling sting are players and staff members from Iowa and Iowa State. Among those participating in the lawsuit is current Denver Broncos defensive lineman Eyioma Uwazurike.
Iowa Solicitor General Eric Wessan argued that many of those caught were illegally using someone else's account to place wagers. In doing so, he believes they gave up any right to privacy.
“Seventeen of the plaintiffs and intervenors were using someone else’s account to engage in sports gambling," Wessan said. "Which violated not only the terms of service of the underlying application. They were doing so to evade restrictions on their own ability to place bets.
“Whether anyone has a reasonable expectation of privacy in using someone’s sports gambling app illicitly to gamble is itself a threshold question. I think the answer should be ‘no.’"
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