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Federal judge throws out evidence gathered with ‘stingray’ cell phone tracker

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For the first time, a federal judge has suppressed evidence obtained without a warrant by U.S. law enforcement using a stingray, a surveillance device that can trick suspects’ cell phones into revealing their locations.

U.S. District Judge William Pauley in Manhattan on Tuesday ruled that defendant Raymond Lambis’ rights were violated when the U.S. Drug Enforcement Administration used such a device without a warrant to find his Bronx apartment.

The DEA had used a stingray to identify Lambis’ apartment as the most likely location of a cell phone identified during a drug-trafficking probe. Pauley said doing so constituted an unreasonable search.

“Absent a search warrant, the government may not turn a citizen’s cell phone into a tracking device,” Pauley wrote.

The ruling marked the first time a federal judge had suppressed evidence obtained using a stingray, according to the American Civil Liberties Union, which like privacy advocacy groups has criticized law enforcement’s use of such devices.

“This opinion strongly reinforces the strength of our constitutional privacy rights in the digital age,” ACLU attorney Nathan Freed Wessler said in a statement.

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It was unclear whether prosecutors would seek to appeal. A spokeswoman for Manhattan U.S. Attorney Preet Bharara, whose office was prosecuting the case, declined to comment.

Stingrays, also known as “cell site simulators,” 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.

Critics of the technology call it invasive and say it has been regularly used in secret to catch suspect in violation of their rights under the U.S. Constitution.

The ACLU has counted 66 agencies in 24 states and the District of Columbia that own stingrays but says that number is unrepresentative in light of what it calls secrecy surrounding purchases of the devices.

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A Maryland appeals court in March became what the ACLU said was the first state appellate court to order evidence obtained using a stingray suppressed. Pauley’s decision was the first at the federal level.

The U.S. Justice Department in September changed its internal policies and required government agents to obtain a warrant before using a cell site simulator.

Bernard Seidler, Lambis’ lawyer, noted that occurred a week after his client was charged. He said it was unclear if the drug case against Lambis would now be dismissed.

(Reporting by Nate Raymond in New York; Editing by Cynthia Osterman)

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2020 Election

New 2020 poll shows Trump trailing all Democrats — some by double-digits

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President Donald Trump trails all of his Democratic rivals in hypothetical matchups of the 2020 presidential race, according to the result of a new poll released Tuesday.

This article originally appeared on Salon.

The survey, conducted by Emerson Polling, found that the president lags behind former vice president Joe Biden and Sen. Bernie Sanders, I-Vt., by 10 points nationally — 45 percent to 55 percent. He also trails Sen. Elizabeth Warren by six points — 47 percent to 53 percent —and Sen. Kamala Harris, D-Calif., and South Bend, Ind. Mayor Pete Buttigieg by four points — 48 percent to 52 percent.

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Beto O’Rourke’s ‘war tax’ policy proposal is straight out of ‘Starship Troopers’

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Amid an overcrowded Democratic presidential candidate field, it's hard to distinguish yourself from the pack if you don't slot easily into the scale that runs from "pro-corporate centrist" to "left-populist." If you're former Texas congressman Beto O'Rourke —  who falls somewhere in the middle, politically, and somewhere towards the top, looks-wise — you pull a militaristic policy proposal out of your hat that recalls some of the most campy pseudo-fascist sci-fi ever written.

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Lawrence O’Donnell aired hard-hitting expose on Trump, Jr — and the president tweets ‘presidential harassment’

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MSNBC anchor Lawrence O'Donnell on Tuesday broadcast a hard-hitting segment on Donald Trump, Jr. for defending his father against claims of rape -- despite the fact his own mom made similar allegations.

The host attempted to understand why Sen. Lindsey Graham (R-SC) and Trump, Jr. are so obidient to Trump when they both used to despise him.

O'Donnell noted a tweet by Trump, Jr. on the latest allegations against his father.

https://twitter.com/DonaldJTrumpJr/status/1143330206498852867

Moments after the segment ended, the president tweeted.

https://twitter.com/realDonaldTrump/status/1143709133234954241

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 ENOUGH IS ENOUGH 

Trump endorses killing journalists, like Washington Post columnist Jamal Khashoggi. Online ad networks are now targeting sites that cover acts of violence against dissidents, LGBTQ people and people of color.

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