The rights secured to us by the Fourth Amendment were the driving force behind the American Revolution. Today, law enforcement seems to forget that fact when they use cell-site simulators, commonly referred to by the brand name “Stingray,” without first securing a warrant. These devices mimic cell phone towers and force cell phones near them to connect to the cell-site simulator instead of a tower, thereby allowing the user of the simulator device to track a cell phone to its precise location. Ninety-two percent of Americans own a cell phone and forty-six percent of smartphone users say they could not go a single day without them. Cell phones are not just another modern convenience, they are a part of modern life and people should not have to sacrifice a near necessity in today’s world in order to secure their privacy. This Note analyzes the conflict between the Fourth Amendment and the use of cell-site simulator technology and argues that the use of a Stingray constitutes a Fourth Amendment search and should require a warrant prior to its use.
W. Scott Kim,
The Fourth Amendment Implications on the Real-Time Tracking of Cell Phones Through the Use of “Stingrays”,
26 Fordham Intell. Prop. Media & Ent. L.J. 995
Available at: http://ir.lawnet.fordham.edu/iplj/vol26/iss4/4