Thursday November 24, 2016

Appeals Court: It Doesn’t Matter If Cops Used A Stingray

The 7th US Circuit Court of Appeals has ruled that a person wanted by the law has no right to complain how he was caught, even if it was the result of warrantless use of a stingray.

Probable cause to arrest Patrick predated the effort to locate him. From his perspective, it is all the same whether a paid informant, a jilted lover, police with binoculars, a bartender, a member of a rival gang, a spy trailing his car after it left his driveway, the phone company’s cell towers, or a device pretending to be a cell tower, provided location information. A fugitive cannot be picky about how he is run to ground. So it would be inappropriate to use the exclusionary rule, even if the police should have told the judge that they planned to use a cell-site simulator to execute the location warrant.

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