The stingray assault: Get a warrant

Posted: January 11, 2015 at 1:50 pm

Law enforcement's warrantless use of surveillance technology ignores and mocks Fourth Amendment protections against unreasonable search and seizure. The latest insult to Americans' rights is the FBI's insistence that it can indiscriminately gather the identities and locations and intercept the calls and texts of those using cellphones in public places.

As we've noted before, the FBI does so via stingray devices that mimic cell towers. Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, and fellow member Patrick Leahy, D-Vt., are questioning an FBI policy exception that allows warrantless stingray use in public places.

So long as they're not shouting, cellphone users do have a reasonable expectation of privacy in public places. Warrantless cellphone monitoring there is just as unreasonable as seizing a letter written in a coffeehouse would be.

It's the same principle behind the Supreme Court ruling requiring warrants for GPS tracking of suspects' vehicles and behind nine states' laws, plus rulings by Massachusetts' and Florida's highest courts, requiring warrants for real-time cellphone tracking.

The FBI's warrantless stingray use necessitates more such judicial and legislative actions that guard against law-enforcement overreach by reinforcing the Fourth Amendment's essential requirement of getting a warrant.

You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.

We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.

While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.

We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.

We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.

Original post:
The stingray assault: Get a warrant

Related Posts