Duty of Candor in the Digital Age: The Need for Heightened Judicial Supervision of Stingray Searches
Abstract
This Note explores the constitutional implications of the use of a device known as the “Stingray” in criminal investigations. This device masquerades as a cell phone tower and forces all cell phones within a considerable range to connect to it, transmitting data and allowing law enforcement to ascertain the location of each cell phone. The use of Stingrays raises important Fourth Amendment concerns that have been brought to light most significantly by the 2008 federal prosecution of Daniel Rigmaiden. This Note argues that Stingray use constitutes a Fourth Amendment search and that a new standard of warrant requirements is needed to effectively allow the judiciary to supervise the government’s use of the device.
Recommended Citation
Andrew Hemmer,
Duty of Candor in the Digital Age: The Need for Heightened Judicial Supervision of Stingray Searches,
91
Chi.-Kent L. Rev.
295
(2016).
Available at:
https://scholarship.kentlaw.iit.edu/cklawreview/vol91/iss1/12
Included in
Criminal Law Commons, Criminal Procedure Commons, Fourth Amendment Commons, Privacy Law Commons, Science and Technology Law Commons
