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Author Topic: DoJ Says "Stingray" Cell Phone Tracking Device Falls Under 4th Amendment  (Read 1011 times)
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MuffyBee
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« on: November 07, 2011, 08:51:49 AM »

http://online.wsj.com/article/SB10001424052970204621904577014363024341028.html
Feds Shift Tracking Defense
Prosecutors in Arizona Case Drop Position That 'Stingray' Use Didn't Require Warrant

November 3, 2011


The U.S. Department of Justice now says its use of a cellphone-tracking device in a controversial Arizona case could be considered a "search" under the Fourth Amendment, a tactical move legal experts say is designed to protect the secrecy of the gadgets known as "stingrays."
For more than a year, federal prosecutors have argued in U.S. District Court that the use of the stingray device—which can locate a mobile phone even when it's not being used to make a call—wasn't a search, in part because the user had no reasonable expectation of privacy while using Verizon Wireless cellphone service. Under that argument, authorities wouldn't need to obtain a search warrant before using one of the devices.

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« Last Edit: November 07, 2011, 08:57:53 AM by MuffyBee » Logged

  " Everyone is entitled to his own opinion, but not his own facts."  - Daniel Moynihan
MuffyBee
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« Reply #1 on: November 07, 2011, 08:54:05 AM »

http://www.engadget.com/2011/11/06/doj-stingray-cellphone-tracking-device-falls-under-fourth-amend/
DoJ: Stingray cellphone tracking device falls under Fourth Amendment, but don't ask about it
November 6, 2011

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  " Everyone is entitled to his own opinion, but not his own facts."  - Daniel Moynihan
alagary
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« Reply #2 on: November 07, 2011, 10:54:25 AM »

All the new technology sure makes it hard to draw a line about where the law falls. When the Fourth Admendment was written it probably took a week to get a message from Boston to New York.
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