Back in 2014, Baltimore cops were looking for one Kerron Andrews. A warrant was issued for Mr. Andrews as the cops were looking to arrest him for attempted murder. And while the cops did not request an approval to use a device called the Hailstorm to find their man, they employed it anyway. The Hailstorm is a tracking tool similar to the Stingray, in that it intercepts and collects bulk data headed to a cell tower. The data can be used to help find someone's location. It also records all of the person's phone calls.
The Hailstorm did lead to Mr. Andrews whereabouts, and he was arrested. But the judge, after discovering that the police used the Hailstorm without approval, said that the cops had violated the defendant's Fourth Amendment right against unreasonable search and seizure. The judge granted a request by the defense to suppress the evidence collected by the Hailstorm.
The state has appealed the decision, and in its filing it presents a legal theory that is disturbing. The prosecution says that since every cellphone sports an off switch, Andrews' decision to have his phone turned on indicated he was consenting to be tracked.
If the appeals court goes along with this argument and allows the evidence collected by the Hailstorm to be used during the trial, it will mean that as far as the cops are concerned, you are giving up your privacy each time you press that power button on your handset and turn it on.
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As soon as we hear how the appeals court rules, we will let you know. In the meantime, better keep your finger off the power button on your phone if you don't want the authorities to know what you are up to.
This argument made by the prosecution says that you are consenting to be tracked whenever you turn on your handset
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Alan, an ardent smartphone enthusiast and a veteran writer at PhoneArena since 2009, has witnessed and chronicled the transformative years of mobile technology. Owning iconic phones from the original iPhone to the iPhone 15 Pro Max, he has seen smartphones evolve into a global phenomenon. Beyond smartphones, Alan has covered the emergence of tablets, smartwatches, and smart speakers.
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