US

Should Law Enforcement‘s ’Stingray’ System Track You Without a Search Warrant?

Photo: US Patent Office

Photo Credit: US Patent and Trademark Office

You’ve probably heard that law enforcement can geolocate you during a live call, but did you know the Feds can find you even if you aren’t on your phone with a device called the “Stringray?”

The Wall Street Journal is reporting that a federal case against an alleged hacker has brought the capabilities of devices like the Stingray into the public eye.

The case has already spurred heated debate about the extent of our privacy and the protection against unlawful search guaranteed by the Fourth Amendment to the Constitution.

The Stingray is a generic term for devices that can track a cellphone’s location as long as it is turned on. As the Journal described its method of operation, the Stingray functions by:

“mimicking a cellphone tower, getting a phone to connect to it and measuring signals from the phone. It lets the stingray operator “ping,” or send a signal to, a phone and locate it as long as it is powered on.”

Law enforcement across the country does not have a standardized procedure for obtaining permission to use devices like the Stingray, though generally police agencies obtain a court order and not a search warrant, which would require a higher standard of proof.

This raises the question: should law enforcement be able to know exactly where you are without going before a judge to show probable cause?

If your cell phone is sitting next to your bed, use of a Stingray would seem to be an electronic intrusion into the home akin to a search. That would mean, absent a search warrant, the device would run afoul of the 4th Amendment’s protections against unreasonable search and seizure.

The case that has highlighted this issue involves an alleged hacker currently, Daniel David Rigmaiden, currently facing fraud charges. The government claims Rigmaiden filed millions of dollars in false tax returns.

While Rigmaiden maintains his innocence on all charges, he is also specifically challenging in court the way the FBI hunted him down. Court filings indicate Rigmaiden’s wireless mobile internet card was tracked, probably by a Stingray device.

The FBI has responded that all relevant federal law was followed in this case, citing that a judge signed a court order for the Stingray’s usage. However, the decision before the courts now is whether the judge erred by signing off on the use of a technology that he neither understood, nor held to the probable cause standard.

Law enforcement authorities have claimed they wish to keep devices like the Stingray out of the public eye, while simultaneously taking the positions that a technology like the stingray is more like a “pen register” than a phone tap.

A pen-register tells who you called and when. We all know what a phone tap is. But a pen-register requires a simple court order, while the tap has to show probable cause.

At the heart of this issue is whether location data requires a higher standard of evidence. And if so, a judge needs to be able to determine exactly what data is being retrieved by law enforcement, and how it is used.

Should Law Enforcements Stingray Track You Without Search Warrant?As the case against Mr. Rigmaiden does not involve terrorism or operations on the battlefield, law enforcement attempts to shield the technology from the public could be difficult. We can‘t have a public debate over privacy intrusions if we don’t know how ours might be violated.

A similar case, regarding whether the police can secretly install a GPS on your vehicle without a court warrant, will go before the U.S. Supreme Court in November.

The court may well decide that locational data is protected content absent probable cause.

Alongside that, the court will have to decide the right of the American people to know what tactics are being used against them, even if it hampers law enforcement’s ability to catch criminals.

It is hard to decide whether something is unconstitutional if you aren’t allowed to know what it is.

Comments (147)

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  • xpilotah1s
    Posted on September 23, 2011 at 1:21pm

    Just make sure they track all those Liberal, Progressive, Marxist, Communist, Democratic, Union Reps, Muslims and all other Heathen Bastards………………..

    Report Post »  
    • Red Meat
      Posted on September 23, 2011 at 1:50pm

      We can all thank GW Bush and his patriot act. All together now
      THANKS GEORGE !

      Report Post » Red Meat  
    • RIGEL_ORION
      Posted on September 23, 2011 at 2:09pm

      Last time I checked the Patriot Act continues to be renewed. You should thank Obama and your representatives as well. Or more to the point, thank them by voting them out of office.

      Report Post »  
    • Stuck_in_CA
      Posted on September 23, 2011 at 2:31pm

      @ Red Meat
      History will show W to be one of the most destructive presidents ever.

      Report Post » Stuck_in_CA  
    • Anonymous T. Irrelevant
      Posted on September 23, 2011 at 2:32pm

      That’s why you buy a jammer.

      Report Post » Anonymous T. Irrelevant  
    • layosh
      Posted on September 23, 2011 at 3:43pm

      To paraphare a wise man: I remained silent when they come for communist, said nothing when they picked up the sick and the cripples and kept my mouth shut when they took awy the jews, alas, nobody remained to say a good word for me awhileI am being hauled away!
      If you have the right to be free, than you have to duty to fight for the reedom of others!

      Report Post »  
    • Deb C
      Posted on September 23, 2011 at 4:31pm

      When I watched BOR interview W and W at one point shrugged his shoulder and said he was happy the way things turned out. I could not believe what I had heard. “Somethin ain’t right.”

      Report Post » Deb C  
    • Eliasim
      Posted on September 23, 2011 at 5:14pm

      Or you can always quit using the devices they track and let the industry go bankrupt. You don’t have to use them.

      Report Post »  
    • BetsyRoss1513
      Posted on September 23, 2011 at 5:38pm

      @ELIASAM indeed. I have a tracphone that is out of battery power most of the time, and when it isn’t, it’s turned off. Number of times I use a cell phone per month: 2.

      I refuse to go into debt to the tune of upwards of $40+++ per month to have a gadget I don’t need or want. Call me a dinosaur; I simply don‘t know enough people to need to be connected to the grid every moment of the day and that’s exactly the way I like it.

      Report Post » BetsyRoss1513  
    • jb.kibs
      Posted on September 23, 2011 at 7:07pm

      if you even have to ask, you know your not supposed to do it.

      Report Post »  
    • darkrage000
      Posted on September 23, 2011 at 9:08pm

      @RIGEL_ORION
      Last time I checked the Patriot Act continues to be renewed. You should thank Obama and your representatives as well.

      ““““““““““““
      yea, funny that… its a Bill that is brought to the floor of the House for passing…
      Didnt the Republicans make a new House Rule that ANY bill brought to the floor for consideration MUST have a Constitutional Joiner on it? A statement that states where in the constitution this law/bill is allowed?
      We know that the Patriot Act violates the 4th amendment flat out, so HOW did it get renewed in the House, when the House is a far REPUBLICAN MAJORITY.
      By the House Republicans OWN RULES, this renewal should have never passed.

      Goes to show you that even the Vaunted Republicans are not trustworthy in the least and their supposed care and respect for our right and the Constitution is all Window Dressing.
      Go Forth Tea Party Voters and remove them all!

      Report Post »  
    • darkrage000
      Posted on September 23, 2011 at 9:31pm

      @Stuck_in_CA
      History will show W to be one of the most destructive presidents ever.

      ““““““““““““““““`
      Ummm no.
      Obuma already has that distinction.
      He has created more chaos in the Middle East than any president in history, and possibly more than all the presidents combined.
      Add to that the destruction of the constitution, the American way of life, our Legal system, and the economy in general….
      there’s simply no contest.

      Report Post »  
    • Sheepdog911
      Posted on September 24, 2011 at 11:32am

      “If your cell phone is sitting next to your bed, use of a Stingray would seem to be an electronic intrusion into the home akin to a search. That would mean, absent a search warrant, the device would run afoul of the 4th Amendment’s protections against unreasonable search and seizure.” Ummm, wouldn’t the police also be able to know that you were at home if they watched you go into your house, or if you answered your landline home phone? How the heck is simply knowing where your phone is a “Search” or a “Seizure”? Privacy implies doing something private. Being able to remotely listen in on that same phone would be a 4th Amendment issue, but not this.

      Report Post » Sheepdog911  
    • Armed Patriot
      Posted on September 24, 2011 at 11:41am

      Red Meat We can all thank GW Bush and his patriot act. All together now
      THANKS GEORGE !

      Obama voted for it and has signed it into law 3 times now. Move on, bub. Bush isnt in office.

      Report Post » Armed Patriot  
    • nobozons
      Posted on September 24, 2011 at 1:25pm

      For those who have to participate in activities that the government is violating their rights –they deserve it . The answer is to vote with your pocket book. Drop you wireless phone service and see what happens. Yes shove up the governments a$$. Same thing with flying–don’t.

      Report Post »  
    • libsdolie
      Posted on September 25, 2011 at 5:12am

      Mr Bush is still the man.That he still does not respond to liberal attacks is beyond me. The world is much safer because he was the president, it is thankful we did not have the Obamamaster at that time!!!

      Report Post »  
  • hawken
    Posted on September 23, 2011 at 1:18pm

    It is absolutely wrong and anyone who is a up on technology has known this is feasible for a long time.

    Report Post » hawken  
    • Bill Rowland
      Posted on September 24, 2011 at 6:22am

      I’m sure you will care when it is you thats being tracked without probable cause.
      If they have a case, they should require a search warrant, not make a case with this device and rthen get a warrant.

      Go Green – recycle our president and congress

      OMG – Psalm 109:8

      Report Post »  
  • rfycom
    Posted on September 23, 2011 at 1:15pm

    I don’t really care.

    Report Post »  
    • The10thAmendment
      Posted on September 23, 2011 at 1:25pm

      Government and law enforcement can get the hell out of my life. They have no business, nor a right to be in it.

      Report Post » The10thAmendment  
    • cessna152
      Posted on September 23, 2011 at 3:02pm

      Don’t care? You from Europe? Why the trust in government? Why do you put so much faith in BIG government? BIG government has killed over 250,000,000 people (innocent) in 100 years. Government is responsible for creating goofy laws, throwing innocent people in jail, robbing freedom, etc. So why the trust in BIG government.

      Report Post » cessna152  
    • UlyssesP
      Posted on September 23, 2011 at 4:01pm

      You will…You Will.

      Report Post » UlyssesP  
  • Tickdog
    Posted on September 23, 2011 at 1:11pm

    if you arent doing anything wrong why does it matter..

    Report Post » Tickdog  
    • Kamikazesan
      Posted on September 23, 2011 at 1:18pm

      it doesn’t matter if you are doing nothing wrong they still must secure a warrant…

      Report Post » Kamikazesan  
    • Micmac
      Posted on September 23, 2011 at 1:19pm

      Were the Jews doing anything wrong when Hitler was hunting them down for execution.? It’s ignorance like this that is scary. Please get educated.

      NoBama 2012

      Report Post »  
    • obamanation
      Posted on September 23, 2011 at 1:22pm

      Slippery slope towards totalitarianism. That’s why.

      Report Post » obamanation  
    • Brizz
      Posted on September 23, 2011 at 1:25pm

      Follow the law and you have nothing to worry about?!! This is blatant invasion of privacy pure and simple!!! Absolutely not!!! If they can’t get a warrant, there is NO reason for it. It’s just another form of govt expansion. Technology is a double edge sword.

      Report Post » Brizz  
    • Ruckruf
      Posted on September 23, 2011 at 1:25pm

      Ok, but whose definition of “wrong” are you open to? Hitler’s, Castro’s, Stalin’s, Mao’s?

      Report Post »  
    • obamanation
      Posted on September 23, 2011 at 1:33pm

      I’m reporting all of you to Obama!! Thank God Big Brother made this simple hyperlink for me to do so: http://www.attackwatch.com

      Commercial: http://youtu.be/-XYKRokgX00?hd=1

      Report Post » obamanation  
    • RIGEL_ORION
      Posted on September 23, 2011 at 1:46pm

      If you aren’t doing anything wrong, then what right does the government have to invade your privacy? Perhaps we should just pull people over randomly to make sure they aren’t transporting anything illegal. Then maybe do some random house searches to make sure you aren’t making meth. And since they are already there, they can make sure to mark for tracking anyone who might not agree with whomever is in power at the time. Perhaps they’ll even take you to jail for having an incandescent light bulb, so you get the message that dissent will not be tolerated.

      Report Post »  
    • hidden_lion
      Posted on September 23, 2011 at 2:14pm

      What they determine to be wrong changes. You may not thinking you are doing wrong, but the government can decide what you are doing is wrong. Free speech will be a thing of the past, freedom of association? gone if this kind of thing stands. Privacy intrusion like this gives the ability to target you, and then build a case against you, wether what you are doing is right or wrong. I keep my cell phone off most of the time anyway.

      Report Post » hidden_lion  
    • M 4 Colt
      Posted on September 23, 2011 at 2:17pm

      This is no different then a fight that was fought and lost by the citizens in Arizona about a year ago. The fight was over DNA being taken from people who were just arrested but NEVER convicted. So may dumb people said the same thing that some of you here are saying “if your not doing any thing wrong” you have nothing to worry about.

      Now remember they were taking YOUR DNA BEFORE you were found guilty of ANYTHING! So many people tried to get the sheep to see that the government has no right to build a data base with it’s citizens DNA but they were just too dumb or obtuse to see it.

      Report Post »  
    • Tyson
      Posted on September 23, 2011 at 2:18pm

      Why on God’s green earth do you think that is a reasonable argument. “If I am not doing anything wrong why does it matter” the German SS said the same thing as they search for Jews in your homes, weapons hidden under floor boards etc. When you idiots stop thinking its ok for anyone to violate your rights then it may stop.

      Someone bring back the Sanitoriums for these people. Clearly they have become delusional.

      Report Post » Tyson  
    • SICKOFPCNESS
      Posted on September 23, 2011 at 2:24pm

      @ Tickdog

      Who will be defining wrong? We just saw a story where a boy got in trouble for saying homosexuality is wrong. How long until gov’t/secular society defines the love of Jesus wrong? It’s not as far a stretch as it once was.

      Report Post »  
    • Anonymous T. Irrelevant
      Posted on September 23, 2011 at 2:36pm

      I cannot believe the ignorance of some people, but I guess that’s why their PuffinHo plants on here to incite a reaction. PuffinHo posters are stupid, to begin with, but please try not to feed them.

      Report Post » Anonymous T. Irrelevant  
    • TwoLazy
      Posted on September 23, 2011 at 2:39pm

      unbelievable

      Report Post » TwoLazy  
    • paulusmaximus
      Posted on September 23, 2011 at 2:44pm

      Define wrong! How may times did you drive over the speed limit this week?

      Report Post » paulusmaximus  
    • Meyvn
      Posted on September 23, 2011 at 2:51pm

      Because it‘s a violation of one’s privacy nimrod. I say not without a warrant.

      Report Post » Meyvn  
    • progressiveslayer
      Posted on September 23, 2011 at 2:56pm

      We are already down that road with the tsa violating our rights daily,more and more we‘re going to have our rights stripped away and most don’t even realize it’s happening.

      Report Post » progressiveslayer  
    • ElPzee
      Posted on September 23, 2011 at 2:59pm

      “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BEN FRANKLIN

      Report Post » ElPzee  
    • UlyssesP
      Posted on September 23, 2011 at 4:04pm

      What is that picture? A Colt Commander, a Colt Officer maybe?
      When this is used to track you for mandatory firearms confiscation, will it matter then?.

      Report Post » UlyssesP  
    • hud
      Posted on September 23, 2011 at 4:40pm

      Because people end up in jail or worse who have done nothing wrong until confronted by law enforcement. RE: Martha Stewart who was jailed for lying to the FBI, not insider trading which she wasn’t guilty of any way. Scooter Libby was guilty of nothing other than a Dumbocrap vendetta, and the band plays on.

      Report Post »  
    • jb.kibs
      Posted on September 23, 2011 at 7:11pm

      that is the first words to slavery. nice work, you’re well under your way to a FEMA camp.

      Report Post »  
    • TRILO
      Posted on September 23, 2011 at 8:29pm

      Until one day they decide that what you are doing is now illegal. It is this very logic that has helped the government errode our freedoms all in the name of safety. Our police dept just received license plate scanners. They actually said at a public hearing that they would not be tracking people, only license plates as if license plates are not attached to the owner of the vehicle. Now they can drive through any parking lot at a political rally, gun show, etc and know who was there. Once in a data base, always in a data base. A few years back the state of Missouri decided that people who support third parties, are against abortion or think there is an effort to form a North American Union are now automatically considered ” members of militia and a potential terrorist threat.

      “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” — Benjamin Franklin, Historical Review of Pennsylvania (1759)

      http://www.foxnews.com/politics/2009/03/23/fusion-centers-expand-criteria-identify-militia-members/

      Report Post » TRILO  
    • EcceCrucemDomini
      Posted on September 24, 2011 at 10:57am

      With the criminals we have in office today you actually have the nerve to ask that? You are further proof the constitution is nothing more than a punchline.

      Report Post »  
  • Micmac
    Posted on September 23, 2011 at 1:10pm

    It’s the intent, not the means, that is under consideration by the 4th amendment. The argument about being in a public space allowing the government to monitor you is a perfect example of Orwellian ignorance. A slippery slope where technology has outstripped the enforcement of rights to the advantage of the “police state” run amuck. Let’s just put chips in our bodies and get it over – NOT

    NoBama 2012

    Report Post »  
    • Starkadder
      Posted on September 23, 2011 at 2:36pm

      Micmac said
      “It’s the intent, not the means, that is under consideration by the 4th amendment. The argument about being in a public space allowing the government to monitor you is a perfect example of Orwellian ignorance. A slippery slope where technology has outstripped the enforcement of rights to the advantage of the “police state” run amuck. Let’s just put chips in our bodies and get it over – NOT”

      You dont really think you need a tetanus shot every 10 years? Do you?

      Report Post » Starkadder  
  • Thumper
    Posted on September 23, 2011 at 1:07pm

    @ Clive George Bush hwas not a conservitive at best a Rino more like a progressive.

    Report Post » Thumper  
  • CulperGang
    Posted on September 23, 2011 at 1:06pm

    Only with verifiable proof that you are a danger to society!!! aka “Probable Cause.”

    As it stands now under Napolitano EVERYBODY IS GUILTY OF SOMETHING, without ANY proof from the government that they are. Napolitano is a dangerous douche, who needs to be removed. SHE is not rational.

    Report Post » CulperGang  
    • Bill Rowland
      Posted on September 24, 2011 at 6:33am

      Napolitano and her Homeland Security are merely “protecting” us. We have to give up certain things for that “protection”.
      She also has some land in southern LA to sell you, Ir has sandy soil and a low water table. I call it the Mississippi delta.
      Don’t forget she also secured our southern border, and made it safer than its ever been. She did this by arming the Mexican drug cartels and putting up signs along I8 warning us not to slow down because it is dangerous.

      OMG – Psalm 109:8

      Report Post »  
  • Mr. Oshawott
    Posted on September 23, 2011 at 1:06pm

    This is all thanks to George W. Bush’s so-called “Patriot” Act!

    Report Post » Mr. Oshawott  
    • Shasta
      Posted on September 23, 2011 at 1:43pm

      How come the libs hated the Patriot Act and rallied against it when Bush was president, and now under OBonzo, they embrace it? It is all about power and control.

      Report Post » Shasta  
    • RIGEL_ORION
      Posted on September 23, 2011 at 2:29pm

      Because people have lost their history and their moral and ethical compass. They almost look with envy at a totalitarian regime, because they suffer under the delusion that this will mean everyone else will finally be bent to their will and their way of thinking. All corruption, hate, vanity, jealousy and other human frailty will somehow end under this new ‘utopia’ and its perfect, heavenly leader with near absolute power. Perhaps Putin has some spare time.

      To paraphrase Star Wars, only in the end do people realize the true nature and power of what they created. By then the fear from the mass “purging” of the unbelievers has already begun and going back is nearly impossible.

      Report Post »  
  • DanWesson455
    Posted on September 23, 2011 at 1:02pm

    I am a UGLY SOB. If they want to know where I am, they can know all they want. Just don’t make fun of my size? heh heh heh???? That would be embarrassing…….It is the “Little Guy again”…

    Report Post » DanWesson455  
    • tower7femacamp
      Posted on September 23, 2011 at 3:11pm

      More than 100 government agencies are taking part in Operation Mountain Guardian, made possible due to a grant from the Department of Homeland Security through FEMA Region VIII and the State of Colorado Governor’s Office of Homeland Security, according to KDVR in Denver.
      http://www.infowars.com/martial-law-drill-commences-as-economy-begins-descent/
      Mock terror drills will be staged at a mall, an elementary school, a community college, a hospital, and transportation hubs, including the Denver airport.

      The exercise is scheduled to begin at 5 a.m. and end by 4:30 p.m., according to ABC 7 News in Denver.

      KDVR reports that the media will be allowed to report on the events, but a news advisory PDF released by officialdom states media coverage will be restricted to “outside areas.”

      Terror drills are of particular concern due to the fact that several were staged on September 11, 2001, and July 7, 2005, during attacks attributed to Muslim cave dwellers and associated patsies.

      Report Post » tower7femacamp  
  • Charbet
    Posted on September 23, 2011 at 1:01pm

    Absolutely not. Stop the complacency.

    Report Post » Charbet  
  • ares338
    Posted on September 23, 2011 at 12:57pm

    I don’t really enjoy being tracked by anyone. I guess if I get pissed enough I can chunk my cell phone into the trash. If it was just me I would go completely off the grid and to he11 with it all!

    Report Post » ares338  
    • loriann12
      Posted on September 23, 2011 at 1:06pm

      I think I may start turning it off when I leave the house. I have voice mail. It’s not that critical that I receive a phone call.

      Report Post »  
  • obamanation
    Posted on September 23, 2011 at 12:56pm

    We’re watching you. Have a nice day :)

    Report Post » obamanation  
    • UlyssesP
      Posted on September 23, 2011 at 4:07pm

      So you saw me piss on Obama’s picture in the paper? Oh oh….

      Report Post » UlyssesP  
    • obamanation
      Posted on September 23, 2011 at 8:40pm

      Yes. You have now been reported to Attack WaaaAaaaAaatch!!

      Report Post » obamanation  
  • Ceefour
    Posted on September 23, 2011 at 12:54pm

    Please please,boys and girls,if you aren’t doing anything wrong…you have nothing to fear. THE GOVERNMENT is your friend and is there in your pocket to help you.

    Report Post »  
    • Marengo Ohio Patriot
      Posted on September 23, 2011 at 1:01pm

      It’s O.K.
      Just keep watching your T.V.

      Report Post »  
    • RepubliCorp
      Posted on September 23, 2011 at 2:39pm

      That is why you buy prepaid cellphones (cash)….. and change them offten

      Report Post » RepubliCorp  
    • Latter-Day-Soldier
      Posted on September 23, 2011 at 5:46pm

      comment for Republicorp:

      I prefer Straighttalk. $45.00 gets me unlimited text and talk for a 30 day period, plus there is an option to change your number should you want to.

      Report Post » Latter-Day-Soldier  
    • Wolf
      Posted on September 23, 2011 at 8:18pm

      Right on, CeeFor- you can go back to sleep now. Don’t bother waking up- they’ll knick on your door when they come to get you. If you don’t move, they won’t shoot- I promise.

      Report Post »  
  • 8jrts
    Posted on September 23, 2011 at 12:52pm

    Knowing where you are is one thing, using the info is another. Cell phones are not a right, but a convenience. Get rid of the cell if you don’t want to be found. As for listening, you can listen to people in their homes with walkie talkies if they have baby monitors too….it’s whether the info is being used or not. I want my privacy like the next guy so I turn off or get rid of the gadgets….of course I figure they follow all of us here on the blaze…..

    Report Post » 8jrts  
    • obamanation
      Posted on September 23, 2011 at 12:58pm

      That‘s like saying don’t live in a house if you don’t want cops putting “bugs” in your home.

      Report Post » obamanation  
    • obamanation
      Posted on September 23, 2011 at 1:05pm

      Buuuut…. going off the grid may be a smart move. It stinks on ice that the Constitution is being totally ignored by the government that swore to honor and protect it.

      Report Post » obamanation  
    • VISITORNUMBER3
      Posted on September 23, 2011 at 2:27pm

      Actually, you DO have the right to own and communicate privately on a cell phone, home phone or two soup cans tied together with string. Just like you have the right to be in your house or anywhere else that’s legal for you to be without some agency snooping you out (you have those rights even if you are a criminal). The catch is, the government agency snooping you out, according to the 4th Amendment to the Constitution, must obtain a search warrant. Let me rephrase that. They SHOULD have to get a search warrant. And that search warrant must be based on Probable Cause, not “probably ’cause”…

      I’m afraid so many have got it all backwards (and with public education being what it is, I’m not shocked). The people have the rights. Not the government. That’s why the Preamble reads “We the people, in Order to form a more perfect Union…” It doesn’t say “We the government, in Order to form a more perfect Union…”

      Report Post » VISITORNUMBER3  
    • Anonymous T. Irrelevant
      Posted on September 23, 2011 at 2:59pm

      Yes, they probably do. Zombie Apocalypse Terror!!!

      Report Post » Anonymous T. Irrelevant  
    • Wolf
      Posted on September 23, 2011 at 8:33pm

      Private communication IS a right. That‘s why there’s a right to privacy in the Fourth Amendment. Not that any person needs the Fourth to have privacy, a basic inalienable right that no one, especially governments, have any right to negate.
      Anyone willing to surrender any of their rights isn‘t worth defending when they start realizing they’re losing all.

      Report Post »  
  • Rowgue
    Posted on September 23, 2011 at 12:51pm

    Service providers are in no way shape or form obligated to cooperate with law enforcement on line traces or cell phone tracking. If you think it’s wrong then direct your anger at them for rubber stamping every request they get from law enforcement to trace a line or track somebody.

    Report Post »  
    • loriann12
      Posted on September 23, 2011 at 1:09pm

      Yea, right. A business is going to say no to a law enforcement officer, knowing doing so will put them under the magnifying glass. I don’t think they are that committed to the customers.

      Report Post »  
    • Mtroom
      Posted on September 23, 2011 at 3:05pm

      This by-passes the provider…..All these people with the view of “ if your not doing anything wrong” better wake up…..How can i say this?….Allowing law enforcement to use un-monitored means to enforces the laws of the land leaves the everyday citizen powerless against the abuse of the law itself..Plus what can be done to un-official use of such technology, if such technology is allowed to be used un-monitored…I really don’t care if they know where i am, but i do care if that stalker out there knows every move i make…Just imagine if your boss new everywhere you went every minute of the day….Where would this end? With this government already telling me what to eat, what to buy, calling me a terrorist, racist, and just plain evil….I don’t trust any of them going un-monitored.

      Report Post » Mtroom  
  • rpp
    Posted on September 23, 2011 at 12:49pm

    In yet another example of creeping totalitarianism, I predict the court will rule that the “stringray” and other locational tracking devices are permitted without a warrant because our present location is not considered private. Also, if we are outside of our home we are therefore in a “public place” therefore there is no expectation of privacy.

    Report Post » rpp  
    • RIGEL_ORION
      Posted on September 23, 2011 at 3:00pm

      Suppose for an exercise program I used an electronic pedometer with a GPS function to track my own movement and caloric burn throughout the day. About six months later, while resting on a park bench after a run, a non-uniformed police officer approaches, grabs the device, quickly downloads the data and then attempts to use this data to see if I have any connection to crimes in a city park over the past year.

      If information recorded on a private effect only includes information gathered from a public space, does that somehow forfeit your 4th amendment privacy rights? After all, it’s just location information.

      Report Post »  
  • ...EriK
    Posted on September 23, 2011 at 12:47pm

    I don’t like the thought of big brother, but I tend to view this as an electronic version of the physical “tailing” of a person by authorities, so I don’t feel a search warrant should be a requirement. Having a judge sign-off on it may still be a good idea, but I don’t buy the idea that picking up a location signal regardless of where the phone may be located fails the 4th amendment test, unless the stingray was secretly put under the bed. But hey, I’m not an attorney!

    Report Post » ...EriK  
    • tower7femacamp
      Posted on September 23, 2011 at 12:48pm

      not just no but HELL NO !!!!

      Report Post » tower7femacamp  
    • RIGEL_ORION
      Posted on September 23, 2011 at 2:06pm

      It’s a lot different than physically tailing someone which is essentially creating a new database based on their own personally observed information. A physical tail can track you to your home or other private property, but not throughout as you go from room to room.

      Placing trackers on your car? Explain how that’s any different than having bugs put in your house. Your property is your property and the government has NO right to a warrantless modification to it without your knowledge or consent.

      Bottom line is that the government is essentially stealing information from your personal effects without getting a warrant first. Simply because the technology has changed doesn’t make this any more legal than intercepting and going through personal mail and papers was in the 18th century

      Report Post »  
  • independentvoteril
    Posted on September 23, 2011 at 12:47pm

    I think the 4th admendment is CLEAR.. no matter WHAT the device is.. doesn‘t give latitude for IF it’s this than it doesn’t count .. IT SAYS NO.. so IF they are using it without a warrant it’s ILLEGAL.. and should be THROWN out of court..

    Report Post » independentvoteril  
  • obamanation
    Posted on September 23, 2011 at 12:47pm

    No! And no to GPS tracking without a warrant either!

    Report Post » obamanation  
  • Snowleopard {gallery of cat folks}
    Posted on September 23, 2011 at 12:45pm

    Violation of the fourth amendment, pure and simple; these are just one more step in the massive progressive police state we are becoming, one step at a time they are continuously smashing away at the Constitution.

    Report Post » Snowleopard {gallery of cat folks}  
    • Clive
      Posted on September 23, 2011 at 12:51pm

      i don’t what “progressive” enacted the “patriot act”, which has led to all of this… oh wait… that was the conservative george bush. another gift from the bush administration, thanks george. it was all fine when he was the one spying on you… but now that obamas doing the spying, the whole thing seems a little more unsettling right?

      Report Post »  
    • justasoldier
      Posted on September 23, 2011 at 1:01pm

      Actually, it’s pretty obvious that GWB was a Progressive, along with his chum Tony Blair. You’re blame Bush holds no water.

      Report Post » justasoldier  
    • obamanation
      Posted on September 23, 2011 at 1:08pm

      ” I’ve abandoned free market principles to save the free market system. ” -Sounds like something a Prog would say.

      Report Post » obamanation  
    • Steelhead
      Posted on September 23, 2011 at 1:21pm

      I got news for you pal- they already know where you live what you write(on the lazyB) when you write it. You cannot hide

      Report Post » Steelhead  
    • UlyssesP
      Posted on September 23, 2011 at 4:09pm

      Clive, you‘ve bit into the progressive’s bait hook, line and sinker. You think Bush was conservative.
      Seek broader information.

      Report Post » UlyssesP  
  • Mass Voter
    Posted on September 23, 2011 at 12:44pm

    Privacy is over and it doesn‘t matter who’s in office. They are, each one of them, guilty of taking our rights away.

    Report Post »  
  • Nanner-SW
    Posted on September 23, 2011 at 12:43pm

    Better to err on the side of freedom. Get the warrent.

    Report Post » Nanner-SW  
  • Blazer123
    Posted on September 23, 2011 at 12:41pm

    no, next question.

    Report Post »  
  • rockmanlinux
    Posted on September 23, 2011 at 12:39pm

    Yes, THis has been around for a long time. Don’t ask me how I know…

    Report Post »  
    • Blazer123
      Posted on September 23, 2011 at 12:43pm

      Did you watch Jack Bauer use it on 24?

      Report Post »  
    • obamanation
      Posted on September 23, 2011 at 12:46pm

      Now I have to! How do you know????

      Report Post » obamanation  
    • RIGEL_ORION
      Posted on September 23, 2011 at 1:39pm

      Whether its been around for a long time is besides the point. Changing technology is only an excuse to justify violating the rights of U.S. Citizens.

      By taking location information from your cell phone without a warrant, the government is essentially seizing information from your private property (ie effects) and violating the 4th amendment. It doesn’t matter what the information is, they have no right to see any of it without providing probable cause to a judge.

      To place the argument in the language of the 4th amendment… Do you feel secure in your effects (your cell), knowing that the government feels they can take information from it whenever they feel like it?

      Report Post »  
  • RightPolitically
    Posted on September 23, 2011 at 12:34pm

    No.

    Report Post » RightPolitically  
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