{"id":6258,"date":"2017-09-24T03:08:58","date_gmt":"2017-09-24T03:08:58","guid":{"rendered":"https:\/\/standingrockclassaction.org\/?page_id=6258"},"modified":"2018-01-22T04:21:45","modified_gmt":"2018-01-22T04:21:45","slug":"9-21-2017-court-rules-use-of-stingray-to-track-people-without-a-without-a-warrant-violates-fourth-amendment","status":"publish","type":"page","link":"https:\/\/standingrockclassaction.org\/?page_id=6258","title":{"rendered":"9-21-2017: Court rules use of Stingray to track people without a without a warrant violates 4th Amendment"},"content":{"rendered":"
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Article #1:<\/strong><\/span><\/p>\n

EnGadget, “Court rules Stingray use without a warrant violates Fourth Amendment<\/a>” by\u00a0Mallory Locklear<\/a><\/strong><\/span><\/p>\n

Excerpts:<\/span><\/h3>\n
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\u00a0 \u00a0 \u00a0 Today, the Washington DC Court of Appeals overturned a Superior Court conviction of a man who was located by police using a cell-site simulator, or Stingray,\u00a0CBS News<\/em><\/a>\u00a0reports. The court ruled that the defendant’s Fourth Amendment rights were violated when law enforcement tracked down the suspect using his own cell phone without a warrant.<\/strong><\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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\u00a0 \u00a0 \u00a0 Stingrays work by pretending to be a cell tower and once they’re brought close enough to a particular phone, that phone pings a signal off of them. The Stingray then grabs onto that signal and allows whoever’s using it to locate the phone in question. These sorts of devices are used by a number of different agencies including the\u00a0FBI<\/a>,\u00a0ICE<\/a>, the\u00a0IRS<\/a>\u00a0as well as\u00a0police<\/a>officers<\/a>.<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0 The use of cell-site simulators, especially without a warrant, has come under question a few times in recent years. In 2016, a federal judge\u00a0suppressed DEA evidence<\/a>\u00a0obtained via such a device, the first time a federal judge had done so. Last year, members of Congress\u00a0called for legislation<\/a>\u00a0that would protect citizens’ privacy and require a warrant before Stingrays could be used by law enforcement.\u00a0Two such bills<\/a>\u00a0were introduced in the House of Representatives earlier this year.<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0 In the ruling, the judges\u00a0said<\/a>, “We thus conclude that under ordinary circumstances, the use of a cell-site simulator to locate a person through his or her cellphone invades the person’s actual, legitimate, and reasonable expectation of privacy in his or her location information and is a search.” They also said, “We agree with [the defendant] that the government violated the Fourth Amendment when it deployed the cell-site simulator against him without first obtaining a warrant based on probable cause.”<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0The ruling could affect ongoing and future cases as well as law enforcement’s use of the technology.<\/strong><\/span><\/p>\n

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Article #1: EnGadget, “Court rules Stingray use without a warrant violates Fourth Amendment” by\u00a0Mallory Locklear Excerpts: \u00a0 \u00a0 \u00a0 Today, the Washington DC Court of Appeals overturned a Superior Court conviction of a man who was located by police using a cell-site simulator, or Stingray,\u00a0CBS News\u00a0reports. The court ruled that the defendant’s Fourth Amendment rights … Continue reading 9-21-2017: Court rules use of Stingray to track people without a without a warrant violates 4th Amendment<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4963,"menu_order":1,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-6258","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/pages\/6258","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6258"}],"version-history":[{"count":5,"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/pages\/6258\/revisions"}],"predecessor-version":[{"id":6877,"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/pages\/6258\/revisions\/6877"}],"up":[{"embeddable":true,"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=\/wp\/v2\/pages\/4963"}],"wp:attachment":[{"href":"https:\/\/standingrockclassaction.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6258"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}