In first, U.S. judge throws out cell phone 'stingray' evidence

[Eugene]

Source: Reuters

Technology | Wed Jul 13, 2016 8:55am EDT

In first, U.S. judge throws out cell phone 'stingray' evidence

NEW YORK | BY NATE RAYMOND

For the first time, a federal judge has suppressed evidence obtained without a warrant by U.S. law enforcement using a stingray, a surveillance device that can trick suspects' cell phones into revealing their locations.

U.S. District Judge William Pauley in Manhattan on Tuesday ruled that defendant Raymond Lambis' rights were violated when the U.S. Drug Enforcement Administration used such a device without a warrant to find his Washington Heights apartment.

The DEA had used a stingray to identify Lambis' apartment as the most likely location of a cell phone identified during a drug-trafficking probe. Pauley said doing so constituted an unreasonable search.

"Absent a search warrant, the government may not turn a citizen's cell phone into a tracking device," Pauley wrote.

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Read more: http://www.reuters.com/article/us-usa-crime-stingray-idUSKCN0ZS2VI

[lostnfound]

1. When there's a kidnapping, rape or murder suspect to be caught...

I don't think I have a problem with this technology. It identifies location. If someone sees your face or car, they can identify your location. In this populated world, the use of technology in this manner restores the capacities that were naturally present in small town America.

I'd prefer fewer drug laws, but even for drug traffickers, there are some that are selling substances that add it and kill -- heroin, and dangerous synthetics.

The inevitable uses of this technology to suppress people's rights -- tracking down protesters or finding the guy who took the cell phone video in order to harass them -- is disturbing, however.

[Festivito]

2. A warrant should not be hard to get in those cases. eom

[Dustlawyer]

3. That's what warrants are for and they never have a problem finding a judge who will sign off!

[Festivito]

4. Yuppers. And, that's why we can elect our own judges. eom

[Dustlawyer]

5. The U.S. Chamber of Commerce gets the judges elected.

They found they could have more bang for their buck in judicial, state and local elections rather than just the election of the next POTUS. These elections have a huge impact on our rights, and our ability to have a trial by jury.

In Texas for example, if you win a decent sized judgment against a corporate defendant you will not get to keep it. The Texas Supreme Court rules in favor of corporations over individuals 95% of the time! that makes settlements much lower because the defense attorneys know the verdict will be reversed and/or remanded to do it all over.

[Festivito]

6. True. Our republic has devolved into a pay to play. Yet we vote for them.

If we are that stupid as a nation, what good is democracy anyway.

[lostnfound]

9. Good point nt

[billhicks76]

7. Slippery Slope

Warrants exist for a reason. Stingrays are totalitarian. And then judges are lied to in court. Probable cause needs to be established. Legalize all drugs and you won't see anyone using these except to arrest political protestors organizing.

[lostnfound]

8. I agree with all of that. Nt