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Police use cellphone spying device
myfoxny.com ^ | May 23, 2014 | MyFoxNY

Posted on 05/23/2014 10:56:17 AM PDT by driftdiver

The Erie County sheriff says he's done making public comments about a cellphone surveillance device used by his police agency to gather information on persons of interest.

Sheriff Tim Howard told WGRZ Thursday that he won't publicly discuss the matter any longer because doing so could adversely impact investigations.

A stingray is a device that mimics a cell tower and thereby tricks all wireless devices on the same network into communicating with it.

Howard told Erie County legislators last week that the stingray surveillance device his office has owned since 2008 is used only for tracking a person's movements, not for gathering content of cellphone communications. The surveillance equipment can capture data from targeted cellphones even when they're not in use.

He told the lawmakers that the courts should determine how he can use the equipment, not them.

Read more: http://www.myfoxny.com/story/25597191/police-use-cellphone-spying-device#ixzz32YwTqqsJ Follow us: @myfoxny on Twitter | Fox5NY on Facebook

(Excerpt) Read more at myfoxny.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: donutwatch; newyork; nsa; police
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Sheriffs are refusing to release how they are using these devices and this one tells his state lawmakers to stay out of it. Its not their place to determine how these are used.
1 posted on 05/23/2014 10:56:17 AM PDT by driftdiver
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To: driftdiver

Your cell phone is your enemy.

Google is your enemy.

Facebook is your enemy.

Etc.

Treat them as such


2 posted on 05/23/2014 10:58:05 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: 2banana

Commit some sort of minor felony, then simply drop your cell phone into the oversized purse of an unsuspecting passer-by. Watch the fun and hilarity ensue!


3 posted on 05/23/2014 11:00:50 AM PDT by Buckeye McFrog
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To: driftdiver

Can also be used to easily fool them too.

Funny that I bet such data could be used in court as part of a case against a defendant, but wouldn’t be admissible to possibly prove innocence(alibi).


4 posted on 05/23/2014 11:05:01 AM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: driftdiver

Can also be used to easily fool them too.

Funny that I bet such data could be used in court as part of a case against a defendant, but wouldn’t be admissible to possibly prove innocence(alibi).


5 posted on 05/23/2014 11:05:02 AM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: KoRn

Depending on use they are also capturing data for every cell phone user in the area. Not just their intended target.

All without a warrant.


6 posted on 05/23/2014 11:06:14 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Buckeye McFrog

Leave it somewhere where teenagers frequent. Good idea, lots of possibilities there.


7 posted on 05/23/2014 11:07:15 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: 2banana
Your cell phone is your enemy. Google is your enemy. Facebook is your enemy.

And, clearly, our own government is our enemy.

8 posted on 05/23/2014 11:11:23 AM PDT by MeganC (Never attribute to malice that which is adequately explained by stupidity.)
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To: driftdiver

It can be used to track a mistress or an ex-husband....you know, persons of interest.

Anyone who thinks the local sheriffs are on the side of the people, think again. They’re all part of the civilian force Obama promised.


9 posted on 05/23/2014 11:27:52 AM PDT by VerySadAmerican
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To: driftdiver

Of course, any real criminal with half a brain(of which there probably aren’t many), would NEVER use a device of any kind that could be associated with them personally. The police have to know this. All this is more ‘Big Brother’ BS by the ever expanding police state.

Before long, we won’t be able to take a piss in our homes without someone somewhere being able to find out about it. I’ve about had enough of this. Ironically, I work in IT - I guess it adds some perspective. As the years have gone by, I’ve become increasingly ‘unplugged’ in my personal life, because I KNOW the TERRIBLE potential this all has with a “free” society.


10 posted on 05/23/2014 11:28:34 AM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: driftdiver

You are a liar Sheriff! !!

Stingray collects information communicated from a private device to another private device over a private network.

The Constitution doesn’t grant you the right to scan everyone on a tower, a link or any other privately owned network.

You can’t trawl for information you want. You are required to get a warrant to obtain information on any person, under Probable Cause.

The horse shit line “Person of interest” is self serving and allows you to construct an end run around The Bill of Rights.

GFY and I hope you are roundly swatted in court.

Your argument doesn’t even come close to the Federal argumenf, in so much as they are part owners in certain parts of the telecommunications infrastructure and that argument is bogus!

You are no more than a common criminal operating under the cor of law and shielded from any adverse effects


11 posted on 05/23/2014 11:38:00 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: KoRn
"Before long, we won’t be able to take a piss in our homes without someone somewhere being able to find out about it. I’ve about had enough of this. Ironically, I work in IT - I guess it adds some perspective. As the years have gone by, I’ve become increasingly ‘unplugged’ in my personal life, because I KNOW the TERRIBLE potential this all has with a “free” society."

I bet that if someone takes steps to not be tracked, or use the net, or plugged in, that will be considered suspicious. If you become effectively a hole in the net, you will be investigated. In the new Amerika, no one will be allowed to be free of surveillance.

12 posted on 05/23/2014 11:58:03 AM PDT by Truth29
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To: 2banana
Your cell phone is your enemy. (Don't have smart phone)

Google is your enemy. (Use only secure web browser...Duck Duck go or Startpage for example)

Facebook is your enemy. (Why bother)

Etc.

Treat them as such

13 posted on 05/23/2014 12:22:10 PM PDT by servantboy777
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To: servantboy777

Oh....one more thing. Shell out the $30. to $40. bucks a year for secure email acct.

Yahoo, Gmail and the rest are rediculous


14 posted on 05/23/2014 12:23:15 PM PDT by servantboy777
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To: driftdiver
I am thinking with the current rulings on trackers that, when under judicial scrutiny, warrantless use won't fly. The bad thing for this department will be that that their investigations will be thrown out. I have never understood the mentality within some agencies/departments where they push the boundaries like this. You risk everything you are working for, and the perp walks free.

Surveillance is the observation of public comings and goings of the target who legally doesn't have a right to privacy when in public. The placement of trackers on vehicles is supposed to "aid" the surveillance, not replace the need for manpower to conduct the surveillance. For several years the DOJ was allowing agents to slap trackers on anything they wanted, which then slimed it's way over to DHS. There was a vocal minority that opposed that as being illegal, but they kept doing it until a case finally made it to the SCOTUS. Now trackers require a warrant (as it should be.)

Personally, I think use of this Stingray device will be the same if not more restrictive. Assuming it can only pull location data from the phone it is a lot like a tracker. If it has the capability to pull more than that it should fall under the guidelines for wiretaps. That is a very high bar.

One thing I have seen a lot more these days is the immediate subpoenaing of cell data from a cell company during a man hunt. It is usually used by locals and I don't know whether they have to call a judge each time or if there is a standing policy in place. I was part of a manhunt for a child rapist and it worked well to get us in the ball park. The K-9 did the rest.

15 posted on 05/23/2014 12:48:38 PM PDT by USNBandit (sarcasm engaged at all times)
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To: driftdiver

This is why I rarely use a cell phone and I only user “burner” phones that I replace every three-four months.


16 posted on 05/23/2014 12:51:30 PM PDT by packrat35 (Pelosi is only on loan to the world from Satan. Hopefully he will soon want his baby killer back)
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To: USNBandit

They can pull everything from the phone, data, call information, and the call itself.


17 posted on 05/23/2014 12:57:25 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: packrat35

They can track those as well.


18 posted on 05/23/2014 12:58:39 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: servantboy777
Interesting assertion here: Processors internally hacked

Under heading "Got an Intel processor Centrino or newer?"

Website is paranoid, but the info is disturbing.

19 posted on 05/23/2014 1:04:00 PM PDT by JOAT
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To: driftdiver

That sounds a lot like a wiretap, which is commonly referred to as Title III from Title III of the 1968 crime bill that covers wiretaps. There comes a part where due diligence before using such a device should be expected. Buying a new gizmo and not considering existing law should be treated harshly by both the courts and the authorities responsible for employing these people.


20 posted on 05/23/2014 1:41:37 PM PDT by USNBandit (sarcasm engaged at all times)
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