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.
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.
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)
Trump’s new anti-mask rhetoric is the last gasp of a ‘flailing campaign’: Paul Krugman
In a column for the New York Times, Nobel Prize-winning economist Paul Krugman pondered why Donald Trump is once again ramping up his anti-mask rhetoric at a time when his health care advisors are urging the public to keep wearing the protective coverings. He then concluded it is nothing less than a cynical political maneuver by the president that will likely lead to more deaths.
Earlier this week the head of the CDC urged Americans to keep using masks, saying it was their best defense against becoming infected with COVID-19 only to have the president undercut that message on the same day.
Trump’s campaign knows Arizona and Michigan have ‘slipped’ and ‘may be unrecoverable’: reporter
Politico reporter Tim Alberta, a former National Review writer who is deeply sourced in the world of Republican politics, believes that President Donald Trump's campaign knows that it is quickly losing ground in two key swing states as it heads into the final stretch of the 2020 presidential election.
Writing on Twitter, Alberta says that Michigan and Arizona are two states that "Trump World knows have slipped, and may be unrecoverable" for the campaign. Additionally, he believes that Wisconsin, another state that Trump won unexpectedly in 2016, "isn't far behind."
‘Idiot’ Trump is more and more ‘out of it’ as COVID-19 death toll cracks 200,000: columnist
Calling the president of the United States an "idiot," longtime political observer Michael Tomasky admitted he was appalled by Donald Trump for not only downplaying the death toll from the COVID-19 pandemic but also for praising his own leadership during the national health crisis that is set to pass 200,000 deaths within days.
In his column for the Daily Beast, Tomasky pointed to comments the president made during a town hall on ABC about the pandemic that he claims showed the president wants nothing more than to move on from talking about those who have died, calling Trump an "embarrassment" to himself.