*http://tinyurl.com/hg46tay <http://tinyurl.com/hg46tay>*

*The police can't track your cellphone without a warrant, judge rules*

·

By Tess Owen <https://news.vice.com/contributor/tess-owen>

July 13, 2016 | 3:00 pm

In a first, a Manhattan federal judge presiding over a narcotics case has
decided that drug evidence obtained through cell phone surveillance
technology called "Stingray" won't be admissible in court.

StingRay (also known as "Hailstorm" or "TriggerFish") is an "IMSI catcher
<https://en.wikipedia.org/wiki/IMSI-catcher>" basically acts like a cell
phone tower, and sends out signals which force cell phones to ping them
back with information showing their owner's location and other identifying
information. If an agent is tracking a suspect, the pings kind of work like
the game "hot or cold." The closer you get to the phone, the stronger (or
hotter) the pings will become.

Judge William Pauley on Tuesday ruled that defendant Raymond Lambis' rights
were violated when DEA agents used a Stingray without a warrant to locate
and search his Washington Heights apartment in Manhattan during a
drug-trafficking investigation.

According to court documents, the DEA sent a technician with the StingRay
to the area where Lambis lived. The technician walked around, sending out
signals, until the strength of responding pings led him to Lambis'
apartment building. The technician entered the building and then walked up
and down the hallways until he found the specific apartment where the pings
were the strongest.

Later that evening, DEA agents knocked on Lambis' door and asked his father
for permission to search the apartment. In Lambis' bedroom, agents
recovered "narcotics, three digital scales, empty zip lock bags, and other
drug paraphernalia."

Privacy advocates say the use of the Stingray technology without a warrant
encroaches on or even violates people's constitutional rights. But despite
concerns, the devices have become an increasingly common and popular item
in law enforcement's arsenal.

Research by the American Civil Liberties Union found that at least 13
federal agencies use StingRay technology, including the NSA, Homeland
Security, the FBI and the army. In New York (and in many other states),
both state and local police are equipped with Stingrays. An investigation
by USA Today found
<http://www.usatoday.com/story/news/2015/08/23/baltimore-police-stingray-cell-surveillance/31994181/>
that the technology was used even for routine crimes, like petty theft.

The ACLU found that the NYPD had used Stingrays more than 1,000 times
between 2008 and May 2015 without any written policy on obtaining a warrant.

*Related: *Trump says profiling Muslims is 'common sense'
<https://news.vice.com/article/trump-says-the-us-should-do-more-racial-profiling-of-american-muslims>

"If carrying a cell phone means being exposed to military grade
surveillance equipment, then the privacy of nearly all New Yorkers is at
risk," Donna Lieberman, executive director of the ACLU's New York branch said
<http://www.nyclu.org/news/nypd-has-used-stingrays-more-1000-times-2008>earlier
this year.

Pauley's ruling on Tuesday follows what was celebrated as a landmark
decision by privacy advocates in April, when Maryland's second highest
court ruled
<https://www.theguardian.com/us-news/2016/apr/05/maryland-stingray-ruling-baltimore-convictions-privacy>
that police need a probable cause warrant to track cell phones using
StingRays.

After the decision, the Baltimore office of the public defender began
reviewing hundreds of cases which hinged on StingRay technology, all of
which could potentially be challenged as a result of the Maryland court
ruling.




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