Category Archives: Cell site simulators

DE: Challenge to search after PG doesn’t show actual innocence

After acquired information that a cell site simulator might have been misused doesn’t show actual innocence or undermine guilty plea. “The appellant pleaded guilty, and his assertion that he has new evidence that law enforcement illegally or improperly used cell-site … Continue reading

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D.Minn.: SW arguably included use of cell site simulator to track phone; GFE applied in any event

The state issued warrant here authorized the use of a cell site simulator, but this wasn’t explicitly stated in the affidavit for warrant. And, the affidavit wasn’t incorporated into the warrant either. This is a close question. The court comes … Continue reading

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Cal.4th: SW papers for cell site simulators remain under seal because CIs are identified in there

EFF sued for access to search warrant materials that led to use of cell site simulators. The court finds that the protection of named CIs in the papers still needs to be protected, and they remain under seal. Electronic Frontier … Continue reading

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DE: People inside isn’t exigency for nighttime SW

The justification for a nighttime search warrant was insufficient as a matter of law. The mere presence of people in the house is not exigency. State v. Harrison, 2022 Del. Super. LEXIS 302 (July 14, 2022). The USMJ found defendant … Continue reading

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Bustle: This Netflix Doc Shows How An IRS Scammer Uncovered Secret Spy Technology

Bustle: This Netflix Doc Shows How An IRS Scammer Uncovered Secret Spy Technology by Gretchen Smail (referring to Stringray):

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D.Nev.: Use of cell site simulator to track another’s phone leading to def was reasonable

The government’s use of a cell site simulator to track another person’s cell phone didn’t infringe on defendant’s rights. United States v. Goldsby, 2021 U.S. Dist. LEXIS 160651 (D.Nev. Aug. 25, 2021). The court order (six years pre-Carpenter) showed probable … Continue reading

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CA6: Pre-Carpenter cell site simulator use reasonable by GFE

Defendant’s 2255 claim that the government used a cell site simulator prior to Carpenter to capture his unlisted burner phone numbers is saved by the good faith exception. Powell v. United States, 2021 U.S. App. LEXIS 9850 (6th Cir. Apr. … Continue reading

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CA3: Warrant for roving wiretap didn’t have to call device a “cell site simulator” when it fully described it

The government obtained a roving wiretap for defendant’s cell phone with a cell site simulator. In the warrant application, they described in detail what a cell site simulator was, but it never said the words “cell site simulator.” It doesn’t … Continue reading

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CA, Solano Co.: City govts can’t use cell site simulators without adopting a specific privacy policy under CA law

When a California local government agency buys a cell site simulator, state law requires a privacy policy be adopted for it. A writ of mandate is granted preventing the respondent city from using it until a policy complying with state … Continue reading

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Vallejo Times Herald: Use and privacy policy for VPD’s ‘Stingray’ technology gets unanimous approval from council

Vallejo Times Herald: Use and privacy policy for VPD’s ‘Stingray’ technology gets unanimous approval from council by Katy St. Clair:

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E.D.Mo.: Using cell site simulator with SW was reasonable and particular

A warrant supported by ample probable cause was used for a cell site simulator to find defendant’s cell phones. No conversations were captured. The USMJ compared it to a tracking warrant, which wasn’t unreasonable. The warrant was also constitutionally particular. … Continue reading

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E.D.Mich.: Use of cell site simulator to capture phone numbers and not track was reasonable

Use of cell site simulator merely to capture defendant’s cell phone numbers and not to track him was reasonable because he had no reasonable expectation of privacy in his numbers. United States v. Powell, 2020 U.S. Dist. LEXIS 120229 (E.D. … Continue reading

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CA4: Ptf’s 4A claim cell site simulator used on him remanded to District Court for more factfinding

Plaintiff sued because the Baltimore Police Department used a cell site simulator to locate him, and that violated the Fourth Amendment. The district court’s findings are based on an inadequate record and the case is remanded for more factfinding. Andrews … Continue reading

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FL4: Use of cell site simulator under CSLI order 4A violation; no GFE because of lack of contrary authority

In 2012, well before Carpenter, the police used a cell site simulator under CSLI order to track defendant. There was no binding authority at the time for the state to rely on. By the time this case reaches appeal, the … Continue reading

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MD: MTA “fare sweep” resulted in def’s detention without RS

A “fare sweep” on an MTA train in Baltimore led to defendant being detained. Officers ran his name and found a record. At a station, a scuffle ensued, one of the officers shouted “gun” and defendant was wrestled to the … Continue reading

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Shawdowproof: Detroit Police Spent More than Half Million Dollars on Cell-site Simulator to Track People’s Locations

Shawdowproof: Detroit Police Spent More than Half Million Dollars on Cell-site Simulator to Track People’s Locations by Camille Fassett:

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Cal.4th: Use of cell site simulator with SW was reasonable

The use of a cell site simulator with a search warrant to locate defendant’s cell phone was reasonable. The issue on appeal was whether the trial court abused its discretion in denying a motion to continue while the defense tried … Continue reading

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The Hill: Are the Chinese and Russians listening to your phone calls?

The Hill: Are the Chinese and Russians listening to your phone calls? by Julian Gehman with cell site simulators? I’m not worried about them listening to mine because I only bitch about Russians and I’m 1,000 miles away, but too … Continue reading

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FL: Use of Stringray to find def to arrest him was valid or valid under GFE

The use of a Stingray cell site simulator to find defendant to find him to arrest him didn’t violate the Fourth Amendment. Even if it did, the good faith exception makes it valid here. Andres v. State, 2018 Fla. LEXIS … Continue reading

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FL4: Use of cell site simulator requires SW

Warrantless use of a cell site simulator to capture cell phone calls violates the Fourth Amendment. That information was used to get a search warrant for CSLI. State v. Sylvestre, 2018 Fla. App. LEXIS 12671 (Fla. 4th DCA Sep. 6, … Continue reading

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