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Stingray Case Lawyers: "Everyone Knows Cell Phones Generate Location Data" (techdirt.com)
An anonymous reader writes with news that the Maryland Attorney General is arguing that anyone who has ever used a smartphone knows it's tracking them, so no warrant is needed for stingrays. Techdirt says: "Up in Baltimore, where law enforcement Stingray device use hit critical mass faster and more furiously than anywhere else in the country (to date...) with the exposure of 4,300 deployments in seven years, the government is still arguing there's no reason to bring search warrants into this. The state's Attorney General apparently would like the Baltimore PD's use of pen register orders to remain standard operating procedure. According to a brief filed in a criminal case relying on the warrantless deployment of an IMSI catcher (in this case a Hailstorm), the state believes there's no reason for police to seek a warrant because everyone "knows" cell phones generate data when they're turned on or in use.
The brief reads in part: 'The whereabouts of a cellular telephone are not "withdrawn from public view" until it is turned off, or its SIM card removed. Anyone who has ever used a smartphone is aware that the phone broadcasts its position on the map, leading to, for example, search results and advertising tailored for the user's location, or to a "ride-sharing" car appearing at one's address. And certainly anyone who has ever used any sort of cellular telephone knows that it must be in contact with an outside cell tower to function.'"
The brief reads in part: 'The whereabouts of a cellular telephone are not "withdrawn from public view" until it is turned off, or its SIM card removed. Anyone who has ever used a smartphone is aware that the phone broadcasts its position on the map, leading to, for example, search results and advertising tailored for the user's location, or to a "ride-sharing" car appearing at one's address. And certainly anyone who has ever used any sort of cellular telephone knows that it must be in contact with an outside cell tower to function.'"
First, most cell phone companies have explicit privacy policies, so there is a reasonable expectation of privacy. Second, the cops have no license to transmit on cellular frequencies - so can't legally use a Stingray without a warrant, regardless. (when an individual uses a cell phone, they're transmitting under authority of the carrier's license)
"National Security is the chief cause of national insecurity." - Celine's First Law
Your suggested interval is too much work, BUT...
If someone were to figure out the MAC address of his cell phone's WiFi interface (assuming it isn't an Apple that scrambles MAC addresses), a volunteer-run network of consumer-grade routers scattered around the city could get a pretty good fix on his location. I'm using the term 'network' very loosely here, of course; it's a network in that they're affiliated, not in that they're functionally connected. It would be 100% legal and inexpensive to do.
www.wavefront-av.com
Bad analogy, since I can't actually see or hear your phone communication without assistance or breaking the law the police should need a warrant. Just like you mailing an envelope, if I go into your mail or the recipients mail and open it I have broken the law.