I was wondering if anyone had any expertise on the fourth amendment pertaining to electronic surveillance.
Would prospective warrantless StingRay searches that track a criminal to their own private residence be constitutional. Under the public movement doctrine, public roads are arguably covered, however if we follow Karo, it states that once the tracking invades the residence of an individual it violates the fourth amendment.
Thank you,
Dr. Sartre
The US law is still developing, but recent decisions indicate that a warrant is required. See US v. Lambis (https://epic.org/amicus/tracker/United-States-v-Lambis.pdf)
As R.C. pointed out, the courts are leaning to needing a warrant to use Cell Tower simulators, but it's becoming a moot point.
As noted in Lambis (pg 6), The Justice Dept. has already moved on making it policy to obtain (or include in) a warrant to use the equipment. That policy is slowly working it's way down to local agencies.
Ok thank you, I will be looking at U.S. v. Lambis and the reasoning behind it.
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