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Tag: constitutional

Law Enforcement’s Use of Cell Phone Tracker Device Fuels Constitutional Debate

By JENNIFER VALENTINO-DEVRIES
Wall Street Journal

For more than a year, federal authorities pursued a man they called simply “the Hacker.” Only after using a little known cellphone-tracking device—a stingray—were they able to zero in on a California home and make the arrest.

Stingrays are designed to locate a mobile phone even when it’s not being used to make a call. The Federal Bureau of Investigation considers the devices to be so critical that it has a policy of deleting the data gathered in their use, mainly to keep suspects in the dark about their capabilities, an FBI official told The Wall Street Journal in response to inquiries.

A stingray’s role in nabbing the alleged “Hacker”—Daniel David Rigmaiden—is shaping up as a possible test of the legal standards for using these devices in investigations.

The FBI says it obtains appropriate court approval to use the device. Stingrays are one of several new technologies used by law enforcement to track people’s locations, often without a search warrant. These techniques are driving a constitutional debate about whether the Fourth Amendment, which prohibits unreasonable searches and seizures, but which was written before the digital age, is keeping pace with the times.

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