Miami Legal Tips Blog

Cell Phone Tracker Restrictions Tightened in Florida, Marshals Step In

imgresDefendants whose phones have been tracked have just caught a major break. A Florida judge ruled this week that police must publicly release documents detailing their use of new stingray trackers—a major victory for the American Civil Liberties Union (ACLU). However, the victory may prove pyrrhic. In a story that gets more bizarre by the minute, the US Marshals have stepped in to prevent the police’s existing documents on stingray trackers from seeing the light of day!

Stingray trackers are suitcase-sized devices which impersonate cell phone towers in order to remotely capture data from users’ cell phones. The trackers, produced by Florida’s own Harris Corporation, have been highly controversial due to their use in law enforcement and their questionable legal status for such use.

The ACLU learned in late 2013 about a case in which Tallahassee police tracked a suspect’s apartment phone with a stingray without obtaining a warrant. Though the detective admitted in court to using the stingray without a warrant, the transcript of the court case was sealed to the public. The ACLU stepped in to try and obtain the transcript for the public, and a bitter court battle ensued.

Though that battle ended this week—police are now legally obligated to release the documents which explain stingray trackers’ usage—the war may still continue. Less than a day after the ruling, the US Marshals raided a Florida police department to seize their stingray documents. This seizure came directly before those documents were to be handed over to the ACLU, which has naturally set the media ablaze.

Before delving into that controversy, it must be noted that Floridians in particular must be wary of this practice. Stingray trackers are sure to make many appearances in Florida courts—both in battles over their legality and in other criminal trials—in the coming months. It is important to note the ongoing dispute, as coming developments, which may change the legal landscape rapidly, may impact the legal proceedings of future court cases.

The seizure of the police’s stingray tracker surveillance documents comes as a shocking turn in this case, after it appeared that the ACLU had won the day. Will we see further court cases and media buzz over the US Marshals’ action? It seems possible. In the meantime, Floridians concerned about their personal rights ought to take a great interest in how the case plays out.

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