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View Diary: Police violate Fourth Amendment in order to get their hands on nifty gadgets (305 comments)

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  •  That's not really exculpatory (2+ / 0-)
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    BlackSheep1, CharlieHipHop

    as it doesn't indicate the presence of a particular person, just the presence of a particular phone, and phones aren't attached to a human body (although one would think so these days).

    It would only be exculpatory if it could be proved that the phone and the person were at the same place.  You could do that any number of ways, which would have nothing to do with this device. The best way to do it would be to comb through those phone records and find out if the phone was in use at the time; and, if it was, calling the number that the phone in question was connected to and asking the person who was on the receiving end of the call with whom they were speaking.

    I can think of no examples where this device could be exculpatory- for the reasons listed above.

    Additionally, for the reasons listed above, it's not really useful for much of anything except locating a particular phone. It would be far too easy for a half decent defense attorney to make a successful argument against using such "evidence" because the DA wouldn't be able to make a link, beyond a reasonable doubt, to a phone and a person without additional evidence, such a pictures- and if you've got the picture, you don't need the stingray.

    As for the data collection, your typical LE agency isn't going to have the technology, or the desire, to spend thousands of dollars, and hundreds of man hours decrypting the calls and listening to them.  Your local PD isn't the NSA, they don't get to claim "National Security" to the local magistrate and have him rubber stamp warrants.  

    You can get animals addicted to a harmful substance, you can dissect their brains, but you throw their own feces back at them, and suddenly you're unprofessional. -Amy Farrah Fowler/The Big Bang Theory -7.50, -5.03

    by dawgflyer13 on Thu Mar 06, 2014 at 08:02:56 AM PST

    [ Parent ]

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