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Did Feds' Use of Fake Cell Tower Constitute a Search?

Posted by timothy on from the law-review-editors-salivate dept.

hessian writes with this story in Wired: "Federal authorities used a fake Verizon cellphone tower to zero in on a suspect's wireless card, and say they were perfectly within their rights to do so, even without a warrant. But the feds don't seem to want that legal logic challenged in court by the alleged identity thief they nabbed using the spoofing device, known generically as a stingray. So the government is telling a court for the first time that spoofing a legitimate wireless tower in order to conduct surveillance could be considered a search under the Fourth Amendment in this particular case, and that its use was legal, thanks to a court order and warrant that investigators used to get similar location data from Verizon's own towers."

5 of 191 comments (clear)

  1. It is unquestionably a wiretap by Anonymous Coward · · Score: 5, Insightful

    As they are intercepting communications, it is unquestionably a wiretap.

    Whether the courts are still legitimate enough to declare that remains to be seen.

    1. Re:It is unquestionably a wiretap by alphacharliezero · · Score: 5, Informative

      'Stingray's do not intercept communication. That's why they get around the wiretapping warrant requirements. They are designed to spoof the carrier's tower in order to ascertain only the location of a mobile device. So I don't see wiretapping as the issue. What IS troubling however is the fact that once law enforcement has found the suspect/device they as a rule WIPE THE DATA from the stingray. They've been doing this supposedly to prevent defendants/criminals learning how they were caught. The issue is that a judge signs a court order approving the use of the Stingray. Then after gathering evidence, law enforcement DESTROYS that evidence instead of handing it over to the court for review. All this to prevent the defendant from getting it during discovery. That practice will likely stop soon since it's motive was to keep the device itself a secret. Now that it's use is public knowledge, there's no reason to continue the charade...

  2. Re:Criminals were captured by Anonymous Coward · · Score: 5, Insightful

    Suspected criminal...

  3. Re:Criminals were captured by Dunbal · · Score: 5, Insightful

    Yeah throw due process out the window. You realize that you could be turned into a criminal at any time with just the stroke of a pen from a politician, right?

    --
    Seven puppies were harmed during the making of this post.
  4. Re:Criminals were captured by AngryDeuce · · Score: 5, Insightful

    Because criminals are entitled to a complete and proper defense?

    When it comes to privacy, every inch we give results in another mile taken by the government. Consider how the Patriot act evolved from where it began back in 2001 to where it is today, the way the TSA began and the way it is being pushed out beyond it's original boundaries with people advocating and supporting random vehicle searches on Interstates, shipping, busing, backscatter X-ray being used for major sporting events which will eventually trickle down to every public building and who knows how far beyond that...

    The Fourth Amendment exists because privacy is necessary for liberty and a free society.