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Florida Supreme Court: Police Can't Grab Cell Tower Data Without a Warrant
SternisheFan writes with an excerpt from Wired with some (state-specific, but encouraging) news about how much latitude police are given to track you based on signals like wireless transmissions. The Florida Supreme Court ruled Thursday that obtaining cell phone location data to track a person's location or movement in real time constitutes a Fourth Amendment search and therefore requires a court-ordered warrant.
The case specifically involves cell tower data for a convicted drug dealer that police obtained from a telecom without a warrant. But the way the ruling is written (.pdf), it would also cover the use of so-called "stingrays" — sophisticated technology law enforcement agencies use to locate and track people in the field without assistance from telecoms. Agencies around the country, including in Florida, have been using the technology to track suspects — sometimes without obtaining a court order, other times deliberately deceiving judges and defendants about their use of the devices to track suspects, telling judges the information came from "confidential" sources rather than disclose their use of stingrays. The new ruling would require them to obtain a warrant or stop using the devices. The American Civil Liberties Union calls the Florida ruling "a resounding defense" of the public's right to privacy.
The case specifically involves cell tower data for a convicted drug dealer that police obtained from a telecom without a warrant. But the way the ruling is written (.pdf), it would also cover the use of so-called "stingrays" — sophisticated technology law enforcement agencies use to locate and track people in the field without assistance from telecoms. Agencies around the country, including in Florida, have been using the technology to track suspects — sometimes without obtaining a court order, other times deliberately deceiving judges and defendants about their use of the devices to track suspects, telling judges the information came from "confidential" sources rather than disclose their use of stingrays. The new ruling would require them to obtain a warrant or stop using the devices. The American Civil Liberties Union calls the Florida ruling "a resounding defense" of the public's right to privacy.
Yes! This is Horrible!
Rulings like this place obstacles in the way of law enforcement doing what they want, which makes it harder for them to do what they want!
They have enacted policies and procedures that rely on being able to do what they want without any interference from the courts, and things like this will CLEARLY allow criminals to escape JUSTICE! You dont want law enforcement to LET CRIMINALS GET AWAY, DO YOU!? THINK OF THE CHILDREN!
That's why the various 3-letter agencies are hard at work trying to get laws drafted that will make it legal for them to do what they want! (Because they need to be able to do what they want to do what they want, so they can use the procedures that they have created that rely on them being able to do what they want!)
*In case you hadn't noticed, I am laying it on thick for a reason. This is basically the argument, boiled down and rarefied to its most basic components, being provided by law enforcement against rulings and findings like this.
Carrying a tracking device is not a good idea if you don't want to be tracked. Cellphones are basically tracking devices that also place phone calls and take photos of incriminating evidence.
Leave your phone at home when doing naughty things - it will give you an alibi!
The determined Real Programmer can write Fortran programs in any language.
Yep. There's never any reason to keep the source of information secret from the judge that issues the warrant.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I consider my phone to be "papers and effects" pretty heavily. Everyone does. That this was even a question is pretty annoying.
Why do they want to hide what the Stingray can do when people think they already know what it does? Because it allows them to do a lot more than just track a cell phone in an area.
At the lowest level of LTE the provider can take control of the phone at a lower level than the operating system. Thus there is a tremendous amount of access to what the phone has other than location. They can turn on the microphone and listen and access other phone capabilities which makes it a much more powerful tool than just knowing the location of a handset or person in an area.
It does allow knowledge of the location down to meters and the number of active devices and locations within an area. This allows the operator to know how many people are in a building and map their locations and movements in real time.
The question should be what is so fucking hard about getting a warrant? They are handed out like candy these days so what is so hard about getting one?
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Well, they already are doing it, as there is nobody providing oversight that will actually stop them from doing it in any meaningful way. They just want the laws changed so they don't take a PR hit every couple of weeks from these practices being revealed to the public.
Sleep your way to a whiter smile...date a dentist!
If you can catch Florida law enforcement doing it now, you would have a really good case for a lawsuit.
Yeah, but would anyone actually be punished? Merely forcing the taxpayers to hand over money isn't as good as imprisoning the ones responsible for violating people's liberties.
As a bonus, putting these criminals in jail will also most likely stop all this complaining about a prisoner shortage.
I have a better idea. Why don't we put police who routinely break the law by conducting warrantless searches in the vacant jail cells. Two birds, one stone.
Yeah, but would anyone actually be punished?
Of course you would.
Ezekiel 23:20
No, it truly is easy if there is probable cause.
This is from: http://legal-dictionary.thefre...
If they are not planning to arrest someone, then why the warrantless search? The point is, if the police can articulate their suspicions clearly enough with a modicum of evidence, they get the warrant.
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