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For the first time, federal judge tosses evidence obtained via Stingray cell phone tracker

Posted By: MrFusion
Date: Wednesday, 13-Jul-2016 01:03:06

We'll see if this survives appeal...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For the first time, federal judge tosses evidence obtained via stingray
Judge: "The Government may not turn a citizen’s cell phone into a tracking device."

by Cyrus Farivar - Jul 12

On Thursday, a federal judge in New York delivered a crucial rebuke to the government’s warrantless use of stingrays.

In a 14-page opinion, the judge ruled that the government could not use its stingray to locate a drug suspect, asleep in his apartment. As a result of the ruling, the judge suppressed the evidence found in the man’s bedroom—a kilogram of cocaine—likely effectively ending the case.

In March 2016, a state appeals court in Maryland reached a similar finding, but this is believed to be the first federal ruling of its kind.

“This is the first federal ruling I know of in which a judge squarely ruled that the Fourth Amendment requires police to get a warrant to use a stingray, and suppressed evidence derived from warrantless use of the technology,” Nathan Wessler, an attorney with the American Civil Liberties Union, told Ars.

As Ars has long reported, cell-site simulators—known colloquially as stingrays—can be used to determine a mobile phone’s location by spoofing a cell tower. In some cases, stingrays can intercept calls and text messages. Once deployed, the devices intercept data from a target phone along with information from other phones within the vicinity. At times, police have falsely claimed the use of a confidential informant when they have actually deployed these particularly sweeping and intrusive surveillance tools.

~~~~~ CONTINUE AT: ~~~~~

http://arstechnica.com/tech-policy/2016/07/for-the-first-time-federal-judge-tosses-evidence-obtained-via-stingray/





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