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In Florida, Secrecy Around Stingray Leads To Plea Bargain For a Robber

schwit1 writes The case against Tadrae McKenzie looked like an easy win for prosecutors. He and two buddies robbed a small-time pot dealer of $130 worth of weed using BB guns. Under Florida law, that was robbery with a deadly weapon, with a sentence of at least four years in prison. But before trial, his defense team detected investigators' use of a secret surveillance tool, one that raises significant privacy concerns. In an unprecedented move, a state judge ordered the police to show the device — a cell-tower simulator sometimes called a StingRay — to the attorneys. Rather than show the equipment, the state offered McKenzie a plea bargain. Today, 20-year-old McKenzie is serving six months' probation after pleading guilty to a second-degree misdemeanor. He got, as one civil liberties advocate said, the deal of the century.

24 of 246 comments (clear)

  1. Guilty as charged by Anonymous Coward · · Score: 2, Insightful

    so let me plea down and get out sooner to get back Jack and do it again.

  2. About right by amiga3D · · Score: 5, Insightful

    6 months probation is about right for what he did anyway. I can't believe they're clogging prisons with petty criminals like this then turning violent criminals out because of over crowding. A BB gun as a deadly weapon? They're turning the legal system into a farce with that kind of bullshit.

    1. Re:About right by Anonymous Coward · · Score: 0, Insightful

      Turning?

      Your legal system IS a farce, and has been for quite some time - not just the criminal justice system either.

    2. Re:About right by jpapon · · Score: 5, Insightful
      Seriously... what's the point of putting someone in prison for four years for that? If anything a sentence like that is just as likely to turn them to harder, more violent crime than rehabilitate them.

      It makes much more sense to give first time offenders for stupid crimes like this a year of probation, a significant amount of community service, and forced enrollment in some sort of vocational school / work program.

      You don't reform people by making them sit on their asses for four years talking to other criminals. You reform them by putting them to useful work.

      --
      -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
    3. Re:About right by amiga3D · · Score: 3, Insightful

      I'd just like to see the punishment fit the crime. 4 years for stealing 120 bucks worth of pot with a BB gun is fucking stupid. If he stole 50 grand worth of pot with an Uzi I guess he'd get lethal injection. Sheesh!

    4. Re:About right by manwargi · · Score: 5, Insightful

      High recidivism is good for shareholders in privatized prisons. This is a system that profits more from harsher sentences and more prisoners, not fewer.

    5. Re:About right by Dahamma · · Score: 3, Insightful

      So you think if someone put a BB gun (which can still do some serious damage) to your head and took $130 from your wallet they should get no jail time?

      I'm not saying 4 years in prison is appropriate, but something stronger than this minor slap on the wrist sure is...

    6. Re:About right by Zontar+The+Mindless · · Score: 4, Insightful

      That's assuming that reform is the goal. That's a noble but probably naïve assumption.

      --
      Il n'y a pas de Planet B.
    7. Re: About right by spire3661 · · Score: 4, Insightful

      You dont understand the crime. The VICTIM determines, by thier natural reaction, what the crime is. If i BELIEVE that you are threatening me with a weapon, it doenst matter what it turns out to be. The fear it induced is the basis of the crime, not the actual item.

      --
      Good-bye
    8. Re: About right by rmdingler · · Score: 3, Insightful

      I wonder what happened to the guy they stole from. Guess he was a police informant this whole time.

      If he were perhaps they wouldn't have had to show the other evidence to make the case.

      It would make sense the low-level criminal, in this case the marijuana seller, would be given some immunity in exchange for testifying against the armed robber. I'll not argue the merits or measures of prosecuting the robber, as I think most points of view have been covered, but I am pleased to see the defense attorney and judge do their jobs.

      The police believe they are in a technological arms race with criminals, and sometimes behave as if the fate of the free World hinges upon every investigation. Realistically, they cannot be trusted to determine what is proper. Constitutionally, they are not allowed to.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    9. Re: About right by dasunt · · Score: 5, Insightful

      You don't consider the threat of being shot and then having your property taken a violent crime? The fact the weapon turned out to not be able to shoot bullets doesn't matter, nor should it.

      Assume a criminal has either the choice of a BB gun or a regular gun to commit a crime with.

      In scenario A, the BB gun is considered a lesser offense than robbing someone with a regular firearm.

      In scenario B, the BB gun is considered the same as robbing someone with a regular gun.

      Under which scenario do you assume that more people are held up with weapons that are actually capable of killing them? In which scenario are more crime victims shot?

      Being tough on crime sounds good, but it can have unintended consequences.

    10. Re:About right by Anonymous Coward · · Score: 5, Insightful

      So armed robbery is a crime you feel just fine letting someone out with a slap on the wrist? This is a violent crime (threatened deadly force), not a victimless crime like smoking that pot. This kind of action that is unacceptable. You may not prey on other members of society. If you do you are going to be removed from society for a long time.

      It is not important that he got only $120 in pot. He could have robbed someone that had nothing and gotten nothing, would that mean he did nothing wrong? It is not important that he only had a BB gun; He wanted the victim to think it was real and his life was under threat.

      Violent crime must be punished and this guy did get one hell of a deal because the cops don't want to disclose their actions. Keep in mind that this man who committed a violent crime (allegedly) is still able to buy and own a real gun with this misdemeanor on his record. Kind of makes a mockery of the law doesn't it.

    11. Re:About right by rgbatduke · · Score: 3, Insightful

      What's the point of putting anyone in prison for weed ever? If the states would just get around to legalizing it completely, no more BB-gun crime in your area! Prisons would empty! Lawyers would starve! All of these are good things.

      And one day we will. As my son points out, every year, lots of Old People (tm) die. At some point enough of them who learned about the evils of pot from William Randolph Hearst and Anslinger via vehicles like "Reefer Madness" will have died, and the simple fact that states that have legalized it de facto or de jure aren't imploding in an orgy of drug-fuelled crime will be persuasive even to those that think that it is not necessarily good for you to smoke pot. And on that day, every single person who lost their freedom, their health, their wealth, and their future not because of the chemical effects of pot but because we made it illegal and created a world where breaking any law, just or not, is dangerous will cry out to the sky:

      Why?

      --
      Even when the experts all agree, they may well be mistaken. --- Bertrand Russell.
    12. Re: About right by vakuona · · Score: 4, Insightful

      You are over-thinking it here.

      Threatening someone with a gun-shaped object should carry the same sentence regardless of whether it turned out to be a real gun or not.

      Actually shooting someone with a gun should carry an even higher penalty. If you use a fake gun, you obviously don't get to shoot anyone with it, so you will naturally not be charged for shooting anyone, but you don't get to benefit from the fact that you misled your victims as to the ultimate level of violence you were able to commit.

  3. Call your congressman by Mr.+Freeman · · Score: 5, Insightful

    Call your congressman and ask them why they're using illegal surveillance tools to let criminals get away.

    --
    -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
  4. Re:Justice just doesn't work by Anonymous Coward · · Score: 4, Insightful

    This. There should not be an incentive for pleading guilty. One should never have their freedom taken away merely for inconveniencing the system.

    And, if they were so keen not to reveal their kit, couldn't he have refused to bargain all the way, waiting for the judge to insist at each stage that this equipment be exposed? Or is the judicial system too broken to throw out a case where a prosecutor has deliberately changed the charge because it refuses to follow the judge's instructions on the initial charge?

  5. Deal of the century? by Njovich · · Score: 4, Insightful

    I'd still rather take the deal bankers got when they effectively stole billions and we gave them more money.

  6. So law protects me even when on illegal activities by Anonymous Coward · · Score: 2, Insightful

    So when I buy low quality weed can I demand a refund now? Where are we? The robbed dude was a criminal, and he shouldn't have got any protection by the law. Illegal goods can't be robbed -- they are illegal.

  7. fucking bitch prosecutors by Anonymous Coward · · Score: 2, Insightful

    also fucking bitch stupid defendant.

    he just fucking caved, his defense team could have got to see this device and perhaps document it's abuse in the court of law..

    the plea bargain has allowed their crooked shit to slip by for yet another case, they avoided exposure..

    obamasweapon.com

  8. No New Law From That by Greyfox · · Score: 3, Insightful
    If they have to show the device and the judge rules it's inadmissible, that sets a precedent. Plea bargains don't. Of course, he could have gambled and possibly walked away completely free if the judge ruled the evidence inadmissible, but there ya go.

    Hopefully the guy's learned his lesson. Pulling a BB gun on a drug dealer seems like a pretty good way of getting yourself killed.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  9. Re:Why is the government scared to talk about thes by sjames · · Score: 4, Insightful

    Because the uses are highly illegal, nearly certain to intercept the calls of law abiding citizens, and absolute proof that they intend to become big brother as soon as they can.

  10. Re:Why is the government scared to talk about thes by spire3661 · · Score: 4, Insightful

    Because they dont want to give anyone standing to force the issue into a court they cant withdraw from. You cant sue if you dont have standing. They want to keep the tool without allowing it to be vetted by the justice process.

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    Good-bye
  11. Re:It isn't fundamental. by Anonymous Coward · · Score: 2, Insightful

    I recommend you do something rather unreasonable. That thing is to learn about what you're talking about. You say the constitution didn't have that right, but someone amended it. If you're familiar with the bill of rights, you'd be aware that the constitution has never existed as law, without it. So yes, technically you're right that it's an amendment, but the constitution has never been without that right.

    And now, since I know you can't be bothered, here's the amendment process. Congress must draft a bill to do the amendment. It must gain super majority (2/3rds support) in both the house and senate. Then it must go to a popular vote where again, it must be a 2/3rds super majority in favor. And this, in a political climate where 70% is considered a land slide and the norm is more like 55%.

    And why must we have them in our daily lives? Why not? If you're going to bring up the UK as to lower rates of shootings, I'm going to bring up Brazil who also has outlawed guns yet has one of the highest shooting death rates in the world. I'll bring up that most shooting deaths (in excess of 75%) are suicides, and if you try to bring up that it would stop suicides, I'll bring up that the suicide rate isn't significantly different in the US than in the UK and South Korea actually has one of the highest (who oddly enough also has some of the strictest gun laws on earth). I'll also bring up that the UK has a horrible problem with violent crime in areas other than gun violence. Wasn't it a few years where they were contemplating banning knives longer than 3 inches to try to combat the knife crime problem. And apparently it never occurred to them that it would have outlawed the profession of chef, since the standard chefs knife is between 8 and 10 inches.

  12. Re:Justice just doesn't work by ai4px · · Score: 3, Insightful

    Wish I had mod points. The plea bargain system usurps the intent of laws. At a min it leaves the public wishing there was a law against X,Y, and Z, and it has turned into an extortion game called Throw the Book at You (tm).