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In Baltimore and Elsewhere, Police Use Stingrays For Petty Crimes

USA Today reports on the widespread use of stingray technology by police to track down even petty criminals and witnesses, as well as their equally widespread reluctance to disclose that use. The article focuses mostly on the city of Baltimore; by cross-checking court records against a surveillance log from the city’s Advanced Technical Team, the USA Today reporters were able to determine at least several hundred cases in which phony ("simulated") cell phone towers were used to snoop traffic. In court, though, and even in the information that the police department provides to the city's prosecutors, the use of these devices is rarely disclosed, thanks to a non-disclosure agreement with the FBI and probably a general reluctance to make public how much the department is using them, especially without bothering to obtain search warrants. From the article: In at least one case, police and prosecutors appear to have gone further to hide the use of a stingray. After Kerron Andrews was charged with attempted murder last year, Baltimore's State's Attorney's Office said it had no information about whether a phone tracker had been used in the case, according to court filings. In May, prosecutors reversed course and said the police had used one to locate him. "It seems clear that misrepresentations and omissions pertaining to the government's use of stingrays are intentional," Andrews' attorney, Assistant Public Defender Deborah Levi, charged in a court filing.

Judge Kendra Ausby ruled last week that the police should not have used a stingray to track Andrews without a search warrant, and she said prosecutors could not use any of the evidence found at the time of his arrest.

12 of 213 comments (clear)

  1. Time to hold the government accountable by Anonymous Coward · · Score: 5, Insightful

    When violating the Supreme Law of the Land means that none of the law-breakers involved get punished, it's clear that something has to be changed. Whether it takes an amendment or not, what needs to happen is that if you're so gung ho certain that you've got the right guy that you feel like you don't need to obey the law, well then go right ahead. That guy goes down for murder and you go down for violating the Constitution. Oh, you didn't have any guy so you went on a fishing expidition and you infringed the rights of 100 Americans looking for someone breaking the law? That's 100 counts.

    1. Re:Time to hold the government accountable by Anonymous Coward · · Score: 0, Insightful

      IOW "I don't care if someone else's rights are violated as long as mine aren't". TFP.

    2. Re:Time to hold the government accountable by WaffleMonster · · Score: 5, Insightful

      Again, read the article - they are saying sometimes the methods used to capture the criminal are not always pushed up the chain to the prosecutors. That's a problem, but it's not some heinous problem that people are making it out to be.

      Intentionally withholding and or conspiring to withhold information to wit the defense is entitled *IS* absolutely heinous. Intentionally providing false information in the form of "parallel construction" is also absolutely heinous.

      They aren't violating the supreme law of the land.

      How do you know? Are you a lawyer? Courts have ruled both ways on 4th amendment violations. The arguments used to justify this is that people don't have any expectation of their location privacy.. because...drumroll ... telcos get the information... I would very much like to know in what context can "no expectation of privacy" even be falsified in the 21st century.

      When someone violates my rights, though, I want them caught and punished, even if it's just stealing the loose change out of my car's change holder.

      Any thoughts about the rights of the (quoting TFA) "many of those arrested" who were never prosecuted to not be molested by police fishing expeditions?

      --
      "Finally, we will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary."

  2. No surprise by penguinoid · · Score: 4, Insightful

    They have a tool and they're going to use it.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:No surprise by Scutter · · Score: 5, Insightful

      Until there are actual, real, PERSONAL consequences for the public officials who violate our civil rights under color of law, the abuses will NEVER EVER stop. "Forgetting" to get a warrant isn't an "oopsie". It's a violation of our 4th Amendment Rights. The founding document upon which our country was built is the highest law of the land. Breaking that covenant shouldn't be a slap on the wrist. It should be criminal charges at the very least.

      --

      "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    2. Re:No surprise by preaction · · Score: 4, Insightful

      Searching for stolen property without knowing the person who stole the property shouldn't require a warrant.

      Wrong. The police do not get to violate civil liberties because some piece of property got stolen and they don't know whodunit. That's the entire point.

    3. Re:No surprise by marka63 · · Score: 1, Insightful

      What civil liberties are being broken when they search for a piece of stolen property? That property could be in a bin, ditch etc. Now to enter a premise they need reasonable suspicion that the property is in that premise. Triangulation of a signal from stolen property gives that suspicion at which time they need to get a warrant. The act of searching for a stolen device electronically itself shouldn't require a warrant.

      This really is no different than seeing a stolen car in the driveway of a premise. The phone / car is visible to the world.

      If you drive around in a stolen car you can expect to be pulled over. If you are carrying a stolen phone and it is turned on you can expect to be located. This doesn't require technology that is unknown to the general public. Triangulation of signals has been done for the last century. The precision of that triangulation has improved all that tine.

      Putting a phone in a pocket does not hide it. Turning it off and putting it in a pocket hides it.

  3. What's really shocking about this by whoever57 · · Score: 5, Insightful

    What's really shocking is that the police invested any effort in tracking down a mobile phone thief. The victim must have been someone with influence.

    --
    The real "Libtards" are the Libertarians!
  4. America is an Oligarchy, and Not a Democracy by catchblue22 · · Score: 5, Insightful

    According to this study, America is an oligarchy. Here is a quote (as per the New Yorker):

    Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association, and a widespread (if still contested) franchise. But we believe that if policymaking is dominated by powerful business organizations and a small number of affluent Americans, then Americaâ(TM)s claims to being a democratic society are seriously threatened.

    When I hear about abuses of power, when I hear about the NSA spying on everyone, when I hear about militarization of police, when I hear about local police departments running roughshod over the Constitution as implied in the parent article, I start to think that something is deeply wrong in America. Then I remember that Americans still have the right to vote in those who rule them. And that is encouraging. But then I realize that most Americans have lost the ability to comprehend the systems of power that rule them. I remember that too many Americans vote based on shallow ignorant views, that they are persuaded by 30 second political TV commercials instead of actual rational argument, which is boring and long and tedious. And I remember that those 30 second TV commercials are expensive, and that politicians must go begging to those with large amounts of money in order to buy those 30 second commercials. And I remember that when politicians accept money from those very wealthy interests, that they become enslaved to them. And this makes me feel hopeless.

    Then I remember that if Americans stopped listening to shallow arguments given in 30 second TV commercials, if they started to demand rational argument instead of the shallow blather that has so far persuaded them, then they could take back power from the corrupt wealthy interests who have driven the country into the ground over the last three and a half decades. And that makes me a little bit hopeful.

    --
    This and no other is the root from which a tyrant springs; when first he appears as a protector - Plato (423 to 327 BC)
  5. Re: The Wire by Anonymous Coward · · Score: 5, Insightful

    Huh? Thankfully that is not how it works, Police cannot throw a net randomly and see what they catch. When Otis argued "A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle." He was saying what I do in my world is of no concern to you as long as I do not mess up and make it public. I can smoke a bong in my living room because the current law may be out of whack with reality and life can continue on underground until that shit straightens out as is slowly happening. If we could just kick the door down on anyone then people would not have the opportunity to make their own decisions on what is right. In Otis' time this had more to do with illegal smuggling because capalists felt it was in their own right to make their gains with strategic dealing supplying the demand better than their competitors without the King upsetting that advantage by collecting their gains but the concept extends to all aspects of life.

  6. Re:The Wire by Opportunist · · Score: 5, Insightful

    You don't do anything illegal? Including in the privacy of your home? Oh, that's swell.

    You sure? I mean, especially considering all the out of whack laws concerning who may have sex with whom an how? But maybe you're chaste, or live in a country with more sanity when it comes to laws.

    But are you sure it stays that way? Laws change, you know, and what you like doing today may well be illegal tomorrow. Like running around naked at home? Hope that none of the thinkofthechildren crowd fears that one of the little ones could see your naked tits (you know, tits sure ain't for little kids!) and demands that people have to be dressed all the time. Or do you smoke? In the current craze, don't expect it to stay legal. Will we believe you when you tell us you quit when it gets illegal? Smoking is such a hard to drop habit, ya know...

    Ever been driving in front of a police car? How does it feel? No, you didn't do anything wrong, did you? But ... was it comfortable? Did you feel relaxed?

    A crime should probably not be committed. But putting people under the stress of total surveillance, or only the feeling that it could be, will most certainly do more harm than good.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  7. Re:The Wire by msauve · · Score: 4, Insightful

    "In the end it all falls back to the fact that crimes shouldn't be committed."

    Yep, and police use of stingrays is a crime. They are transmitting on radio frequencies for which they are not licensed. Any evidence which is illegally collected is of course properly thrown out by a court. The end does not justify the means.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law