Secrecy around police surveillance equipment proves a case’s undoing

Washington Post ^ | February 22, 2015 | Ellen Nakashima

[Second Amendment First]

TALLAHASSEE — The case against Tadrae McKenzie looked like an easy win for prosecutors. He and two buddies robbed a small-time pot dealer of $130 worth of weed using BB guns. Under Florida law, that was robbery with a deadly weapon, with a sentence of at least four years in prison.

But before trial, his defense team detected investigators’ use of a secret surveillance tool, one that raises significant privacy concerns. In an unprecedented move, a state judge ordered the police to show the device — a cell-tower simulator sometimes called a StingRay — to the attorneys.

Rather than show the equipment, the state offered McKenzie a plea bargain.

Today, 20-year-old McKenzie is serving six months’ probation ­after pleading guilty to a second-degree misdemeanor. He got, as one civil liberties advocate said, the deal of the century. (The other two defendants also pleaded guilty and were sentenced to two years’ probation.)

McKenzie’s case is emblematic of the growing, but hidden, use by local law enforcement of a sophisticated surveillance technology borrowed from the national security world. It shows how a gag order imposed by the FBI — on grounds that discussing the device’s operation would compromise its effectiveness — has left judges, the public and criminal defendants in the dark on how the tool works.

[FreedomPoster]

Ping

[Gaffer]

NSA/FISA literally means NATIONAL Security Agency/FOREIGN Intelligence Surveillance Act.

This case involved neither National nor Foreign Intelligence surveillance. What it involved was illegal domestic surveillance of US Citizens (even if criminal, there are rights guaranteed by our Constitution) with no foreign connection at all. I say citizens because there was unwarranted (in the legal sense) surveillance of any cell phone within range. Whether the police used what the device picked up for the collaterals at all is immaterial.

All LE had to do is provide enough substantiating information to a judge and they could have gotten a warrant that would have gotten them all they needed to know about this one ‘suspect’.

It STINKS that LE uses these devices, it stinks that NSA et al abuse FISA for many instances. Further, the FISA court is just a rubber stamp. If NSA, FBI, CIA whoever is so concerned about the technology, then quit giving it to LE to abuse.

[muir_redwoods]

So what I need is a hack that emulates a billion and a half cell phones and overwhelms the device.

[trebb]

“feel so much safer knowing they are watching we the people rather than the real threats to our nation.” You identify with armed robber dope head thugs and consider them “We the People?”

You don't see that just because they used the "secret surveillance" methods on a thug doesn't indicate that they are assuredly using similar technologies on "We the People"?

[TalonDJ]

They can already be as small as a walky talk. If you wonder how these work it isn’t really a secret. Look up ‘pico cell’ or ‘femto cell’ technology. There are a number of legitimate uses for such tech, hence it isn’t secret. It is just an portable cell tower that gets in between your call and the ‘real’ towers. The cellular network sees it the same as a competing company’s tower with a roaming agreement.

[TalonDJ]

Oh sod off! This is off the shelf technology. There isn’t a darn national security secret in there. Cell companies use the same technology to shore up their network during outages or to fill in small gaps in a city. Companies are looking to put them on airliners so you can use your cell phone in flight.

[TalonDJ]

Everyone is ‘we the people’ or no one is. If the government can decide who has rights then no one does. Wake up.

[Portcall24]

It’s OK. It is only Samaritan that is doing the watching and listening.

[null and void]

The biggest killer of mankind

Nut-job Conspiracy Theory Ping!

To get onto The Nut-job Conspiracy Theory Ping List you must threaten to report me to the Mods if I don't add you to the list...

[null and void]

Should have been turned over to a court to be tried behind FBI/NSA firewalls. The fact that a judge compelled law enforcement to possibly turn over technology not belonging to them, seems to be worthy of the judge being disbarred and hauled into jail for trying to undermine national security.

I expect he will be.

He's just demonstrated he's not on Team Totalitarian.

[bgill]

“We force that handset to register with us... He noted that the equipment “is evaluating all the handsets in the area.”

All handsets are being FORCED to register so an AFTER THE FACT warrant covers EVERYONE.

[Nifster]

stranger and stranger