The quasi-legal devices were back in the news again recently. The venue is different, but the criminal law issues, lack of transparency, and civil rights questions are the same.
In December of 2015, the Toronto Police Department flatly told a local newspaper “we do not use the Stingray technology and do not have one of the units”. Two years and multiple Freedom of Information Act requests later, the newspaper discovered that this statement was a lie. Apparently, local law enforcement had used IMSI (international mobile subscriber identity) catchers in major investigations since at least 2010. The department released few details, except to say that officers only used Stingrays if they had search warrants or if there was a significant threat to public safety.
The Canadian Civil Liberties Union said the lack of transparency was “troubling.”
What is a Stingray?
IMSI catchers, which are also known as cell tower simulators, are essentially a form of mass surveillance that modern technology has enabled.
Powered-on cell phones automatically and continuously send out signals that search for the closest tower. The Stingray is usually a truck- or van-mounted device that mimics a cell tower’s electronic signature. Since the phone looks for the closest such signature, it homes in on the Stingray. The IMSI catcher then immediately passes the signal on to a legitimate cell tower. So, the person is unaware of the tracking.
But that tracking takes place. Typically, officers connect the Stingray to a laptop which specifies the subject phone’s exact location. The results are far more accurate and much faster than the telephone signal triangular method that is often seen in movies and on TV.
Depending on the model, the Stingray may capture location information about other cell phones, as well. Since most Illinois law enforcement offices are quiet in this area, no one is sure what capabilities these devices have. Spying on innocent civilians, if it occurs, obviously opens another can of worms.
Are Stingrays Legal in Chicago?
The Stingray raises disturbing Fourth Amendment concerns. Several federal appeals courts have ruled that U.S. peace officers cannot use them without warrants. One of these rulings came from the prestigious D.C. Circuit Court of Appeals, which many consider a junior Supreme Court. But the Seventh Circuit, which includes Illinois, has yet to rule. So, Stingrays in Chicago are in a legal grey area.
The IMSI catcher issue is not just a theoretical discussion. According to the American Civil Liberties Union, Illinois is one of 14 states where both local and state police routinely use Stingrays.
The Issues Involved in Illinois
The Fourth Amendment’s prohibition against unreasonable searches and seizures usually applies if the defendant had a legitimate privacy interest. Typically, the defendant has little or no privacy interest if the item in question:
- Is in plain view,
- Threatens an officer’s safety,
- Is in public,
- Is not in the person’s home, or
- Is in a vehicle.
If none of these things apply, Chicago officers probably need a warrant to use a Stingray. Note that while the standard in Canada may be public safety, in Illinois, the standard is officer safety. That is much narrower.
Contact Aggressive Lawyers
The use of cell tower simulators is just one area where the law has not kept pace with technology. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Matt Popovich)