S.D.N.Y.: Warrantless use of stingray device by DEA was unreasonable search

The warrantless use of a cell site simulator to capture information about defendant’s cell phone was a violation of the Fourth Amendment and suppressed. “Thus, even though the DEA believed that the use of the cell-site simulator would reveal the location of a phone associated with criminal activity, the Fourth Amendment requires the Government to obtain a warrant from a neutral magistrate to conduct that search.” The third party doctrine is also unavailing to the government because what the government captured was not third party information. United States v. Lambis, 2016 U.S. Dist. LEXIS 90085 (S.D.N.Y. July 12, 2016). Here, the Stringray led to an apartment search.

See NYLJ: Judge Rules Use of ‘StingRays’ in Policing Requires Warrant; NYTimes: In First, U.S. Judge Throws Out Cell Phone ‘Stingray’ Evidence and D.E.A. Needed Warrant to Track Suspect’s Phone, Judge Says