Boston police are drawing increased scrutiny after it was revealed recently that they have used a controversial tracking device nearly a dozen times over the past seven years. At issue is the warrantless use of a tracker which can help the agency accurately determine the locations of cell phones.
Sting Ray Cell-Site Simulator
The technology in question is referred to as a “StingRay”, and functions as a cell-site simulator. The device works by causing cell phones in the area to connect to it, allowing it to register the locations of each phone. The technology not only allows police to determine the locations of cell phones, but by doing so allows police to track their movement. Boston police say they have used the device mostly in missing persons and human trafficking cases, though they did admit to also using the technology in cases involving the tracking firearms possession.
Legal Admissibility in Doubt
Boston Police Commissioner William B. Evans commented on the use of the devices in February, saying that officers seek warrants for the use of the technology except when urgent action is needed in life or death situations. Using the technology without a warrant is risky because judges could refuse to admit evidence resulting from the technology’s warrantless use, despite the fact that there is no explicit law in Massachusetts requiring police to obtain a warrant before using it.
According to reporting by The Eye, which is a publication issued by the New England Center for Investigative Reporting and to the American Civil Liberties Union of Massachusetts, in the eleven instances since 2009 in which the device has been used, none involved police first obtaining a warrant. When the Department used the device in conjunction with outside agencies the Department did first obtain warrants, according to city lawyers.
Other States Set Precedent
Should the evidence gathered as a result of the StingRay device be challenged in court, the presiding judge will have to determine whether or not to throw out such evidence. Since Massachusetts has no cell-site simulator related statute, the judge may look to court cases in other states for precedent. Recently an appellate court in Maryland ruled that Baltimore police did need a warrant in order to use the device while pursuing an attempted murder suspect.
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