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Federal Judge Tosses Stingray, Cell Phone Tracking, Evidence Out of Court
Jul 27 2016
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Police love them. They are called Stingrays—surveillance devices that can deceive a criminal suspect’s cell phone into revealing its location.
The ACLU has combined a list of 66 law enforcement agencies in 24 states and the District of Columbia that possess stingray devices.
Stingrays Trick Cells Phones into Revealing Location
According to a recent Reuters report, Stingrays, also known as “cell site simulators,” can mimic cell phone towers “in order to force cell phones in the area to transmit ‘pings’ back to the devices, enabling law enforcement to track a suspect’s phone and pinpoint its location.”
Use of Stingray Without Warrant Violates 4th Amendment
Thus far, two courts—one state, one federal—have suppressed evidence obtained by law enforcement’s use of the device. This past March a Maryland appellate court was the first court to rule that Stingray evidence had to be suppressed. More recently, a U.S. District Court judge in Manhattan ruled that the DEA’s use of a Stingray without a warrant to locate a drug suspect’s apartment violated the defendant’s Fourth Amendment rights.
Privacy advocacy groups, like the ACLU, have been highly critical of law enforcement’s use of these devices.
Constitutional Rights to Privacy Challenged in Digital Age
Speaking about U.S. District Judge William Pauley’s recent decision, ACLU attorney Nathan Freed Wessler said in a statement that “this opinion strongly reinforces the strength of our constitutional privacy rights in the digital age.”
The decision, we’re sure, did not sit well with FBI Director James Comey who routinely boasts about his agency’s integrity, when, in reality, it is an agency that has very little respect for constitutional privacy rights of American citizens. Comey inherited, and has embraced, the longstanding practice of his agency secretly snooping around into the private lives of law-abiding citizens in this country.
In October 2014, Comey defended the use of Stingray technology, but only after the Charlotte Observer published a video as part of the newspaper’s investigation into the use of Stingrays by local police.
Scaring People into Submission
“It’s how we find killers, it’s how we find kidnappers, it’s how we find drug dealers, it’s how we find missing children, it’s how we find pedophiles,” Comey told media outlets in Charlotte in 2014. “It’s work you want us to be able to do.”
Comey conveniently failed to mention that law enforcement agencies also use the devices in secret and without court approval in violation of the rights of criminal suspects, as well as law-abiding citizens, guaranteed to all people under the U.S. Constitution.
Stingrays Used in Texas
The ACLU has compiled a list of states that use Stingray devices. Although law enforcement agencies shroud the use of cell site simulators in secrecy, the ACLU reports that local and state police in Texas use the surveillance tracking devices. At the federal level, besides the FBI, the following law enforcement agencies use Stingray devices: DEA, Secret Service, ICE, ATF, Marshals Service, and the IRS. Scarier still is the fact that the following military branches use the devices: U.S. Army, Marine Corps, Navy, and Coast Guard. Two intelligence-gathering agencies, NSA and U.S. Special Operations Command.
Fortunately, Judge Pauley ruled that law enforcement agencies, like the FBI and DEA, cannot use Stingrays without court approval; in other words, they must have a properly issued search warrant signed by a federal judge or magistrate.
Legislators Concerned Over Use of Cell Site Simulators
There is now increasing congressional concern about the use of cell site simulators. Democrats and Republicans alike have recently introduced legislation, such as F.A.I.R. (Fourth Amendment Integrity Restoration) Surveillance Act and the Stingray Privacy Act designed to reign in the secret, unbridled use of these surveillance devices by law enforcement agencies.
At least twelve states have similarly passed legislation designed to control the use of cell site simulators.
Attorney Wessler said that while it’s “hard to predict when Congress may able to get legislation moving, it certainly helps to have a respected federal judge explaining that the Fourth Amendment requires more oversight and more protections for people, and I think that could be a motivator for legislators.”
We find it unfortunate that our nation’s law enforcement agencies seem to intentionally stay one step ahead of the law, as well as, the constitutional demands set out in the Forth Amendment.
Law Enforcement Secretive About Technologies
Wessler explains the root of the technology/law enforcement problem:
“The challenge for a long time was the lack of information. There has been such an extraordinary and extreme level of secrecy around these technologies that legislators just had no idea that this was even in existence, much less that police in their state were using it frequently. As information has become more public, we’ve actually seen that legislation imposing reasonable controls, like a warrant requirement, has deep bipartisan support.”
FBI “Extremely Careless” in Disregard or Privacy Rights of Americans
FBI Director Comey recently told a congressional committee that State Department employees had been “extremely careless” in their handling of classified information. We think that Director Comey, and a host of other law enforcement agencies, have been “extremely careless” in their total disregard for the privacy rights of American citizens with the unconstitutional use of cell site simulators.
Take the first step toward protecting your freedom by contacting us now
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He explained my case better then any other lawyerPositive
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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