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 1707 (Sep. 20, 2018):

Even if the use of the cell-site simulator was improper, Andres would still not be entitled to relief. See Davis v. United States, 564 U.S. 229, 232 (2011) (“[S]earches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.”); Fitzpatrick v. State, 900 So. 2d 495, 514 (Fla. 2005) (“[E]ven if there was police misconduct in pressuring Fitzpatrick to provide a blood sample, the DNA evidence was properly admitted because Fitzpatrick’s DNA ultimately would have been discovered.”).

This entry was posted in Arrest or entry on arrest, Cell site location information, Stingray / Hailstorm. Bookmark the permalink.

Comments are closed.