Switch Theme:

Emails Show Feds Asking Florida Cops to Deceive Judges  [RSS] Share on facebook Share on Twitter Submit to Reddit
»
Author Message
Advert


Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you:
  • No adverts like this in the forums anymore.
  • Times and dates in your local timezone.
  • Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance.
  • Email notifications for threads you want to watch closely.
  • Being a part of the oldest wargaming community on the net.
If you are already a member then feel free to login now.




Made in us
Blood Angel Captain Wracked with Visions






http://www.wired.com/2014/06/feds-told-cops-to-deceive-courts-about-stingray/

Police in Florida have, at the request of the U.S. Marshals Service, been deliberately deceiving judges and defendants about their use of a controversial surveillance tool to track suspects, according to newly obtained emails.

At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect’s location from a “confidential source” rather than disclosing that the information was gleaned using a stingray.

A series of five emails (.pdf) written in April, 2009, were obtained today by the American Civil Liberties Union showing police officials discussing the deception. The organization has filed Freedom of Information Act requests with police departments throughout Florida seeking information about their use of stingrays.

“Concealing the use of stingrays deprives defendants of their right to challenge unconstitutional surveillance and keeps the public in the dark about invasive monitoring by local police,” the ACLU writes in a blog post about the emails. “And local and federal law enforcement should certainly not be colluding to hide basic and accurate information about their practices from the public and the courts.”

The U.S. Marshals Service did not respond to a call for comment.

Stingrays, also known as IMSI catchers, simulate a cellphone tower and trick any nearby mobile devices into connecting with them, thereby revealing their location. When mobile phones—and other wireless communication devices—connect to the stingray, the device can see and record their unique ID numbers and traffic data, as well as information that points to the device’s location. By moving the stingray around, authorities can triangulate the device’s location with greater precision than they can using data obtained from a fixed tower location.

The government has long asserted it doesn’t need a probable-cause warrant to use stingrays because the devices don’t collect the content of phone calls and text messages, but instead operate like pen-registers and trap-and-traces, collecting the equivalent of header information. The ACLU and others argue that the devices are more invasive than a trap-and-trace and should require a warrant. By not obtaining a warrant to use stingrays, however, police can conceal from judges and defendant’s their use of the devices and prevent the public from learning how the technology is employed.

But the emails released Thursday show police in Florida are going even further to conceal their use of the equipment when they seek probable cause warrants to search facilities where a suspect is located, deceiving the courts about where they obtained the evidence to support their application for the search.

The initial email, which bears the subject line “Trap and Trace Confidentiality,” was sent by Sarasota police Sgt. Kenneth Castro to colleagues at the North Port (Florida) Police Department. It was sent after Assistant State Attorney Craig Schaefer contacted police to express concern about an application for a probable cause warrant filed by a North Port police detective. The application “specifically outlined” for the court the investigative means used to locate the suspect. Castro informs his colleague that the application should be revised to conceal the use of the surveillance equipment.

“In the past,” Castro writes, “and at the request of the U.S. Marshalls (sic), the investigative means utilized to locate the suspect have not been revealed so that we may continue to utilize this technology without the knowledge of the criminal element. In reports or depositions we simply refer to the assistance as ‘received information from a confidential source regarding the location of the suspect.’ To date this has not been challenged, since it is not an integral part of the actual crime that occurred.”

He then requests that “If this is in fact one of your cases, could you please entertain either having the Detective submit a new PCA and seal the old one, or at minimum instruct the detectives for future cases, regarding the fact that it is unnecessary to provide investigative means to anyone outside of law enforcement, especially in a public document.”

Capt. Robert Estrada, at the North Port Police Department, later confirmed in an email, “[W]e have changed the PCA within the agency after consulting with the [State Attorney's Office]. The PCA that was already within the court system according to the SAO will have to remain since it has already been submitted. At some point and time the SAO will submit the changed document as an addendum. We have implemented within our detective bureau to not use this investigative tool on our documents in the future.”

The release of the emails showing interference by a state attorney and the U.S. Marshals Service comes two weeks after agents from the Marshals Service took the extraordinary measure of seizing other public documents related to stingrays from the Sarasota Police Department in order to prevent the ACLU from examining them.

The documents, which were responsive to a FOIA request seeking information about Sarasota’s use of the devices, had been set aside for ACLU attorneys to examine in person. But hours before they arrived for the appointment to view the documents, someone from the Marshals Service swooped in to seize the documents and cart them to another location.

ACLU staff attorney Nathan Freed Wessler called the move “truly extraordinary and beyond the worst transparency violations” the group has seen regarding documents detailing police use of the technology.

The U.S. Marshals Service is not the only entity conspiring with police to prevent the public from learning about the equipment. The Harris Corporation, a Florida-based company that makes one of the most popular models of stingrays called Stingray, has made law enforcement agencies sign a non-disclosure agreement explicitly prohibiting them from telling anyone, including other government bodies, about their use of the secretive equipment.

 
   
Made in us
Decrepit Dakkanaut






Well. I see the "ticks" tracker making its way into general LEO use. Military use a similar system in Afghanistan and Iraq to track cell phone usage and locations.

Proud Member of the Infidels of OIF/OEF
No longer defending the US Military or US Gov't. Just going to ""**feed into your fears**"" with Duffel Blog
Did not fight my way up on top the food chain to become a Vegan...
Warning: Stupid Allergy
Once you pull the pin, Mr. Grenade is no longer your friend
DE 6700
Harlequin 2500
RIP Muhammad Ali.

Jihadin, Scorched Earth 791. Leader of the Pork Eating Crusader. Alpha


 
   
Made in us
Last Remaining Whole C'Tan






Pleasant Valley, Iowa

I believe there is a word for knowingly false information provided to a court.

 lord_blackfang wrote:
Respect to the guy who subscribed just to post a massive ASCII dong in the chat and immediately get banned.

 Flinty wrote:
The benefit of slate is that its.actually a.rock with rock like properties. The downside is that it's a rock
 
   
Made in us
Decrepit Dakkanaut






I've a feeling this is a version two of the system used overseas. US Marshall's, if it is the same system, is about to eclipse NSA in the media

Proud Member of the Infidels of OIF/OEF
No longer defending the US Military or US Gov't. Just going to ""**feed into your fears**"" with Duffel Blog
Did not fight my way up on top the food chain to become a Vegan...
Warning: Stupid Allergy
Once you pull the pin, Mr. Grenade is no longer your friend
DE 6700
Harlequin 2500
RIP Muhammad Ali.

Jihadin, Scorched Earth 791. Leader of the Pork Eating Crusader. Alpha


 
   
Made in us
Decrepit Dakkanaut






Leerstetten, Germany

I'm sure somebody is going down for this.......
   
Made in gb
Stealthy Warhound Titan Princeps





South Wales

And if we're very, very lucky, it might be someone who is actually at fault!

Prestor Jon wrote:
Because children don't have any legal rights until they're adults. A minor is the responsiblity of the parent and has no legal rights except through his/her legal guardian or parent.
 
   
Made in us
Secret Force Behind the Rise of the Tau




USA

This is why when the cops say "confidential sources" we should raise our eyebrows exactly like we do when investigative reporters say "confidential sources" cause it's pretty much code for made up BS.


Automatically Appended Next Post:
 MrDwhitey wrote:
And if we're very, very lucky, it might be someone who is actually at fault!


The sad part is that the US Marshals are supposed to ensure the sanctity of the courts, not subvert them.

This message was edited 1 time. Last update was at 2014/06/23 02:51:58


   
Made in au
The Dread Evil Lord Varlak





Wow that's terrible. I wonder what justification they're going to settle on for why lying was justified.

“We may observe that the government in a civilized country is much more expensive than in a barbarous one; and when we say that one government is more expensive than another, it is the same as if we said that that one country is farther advanced in improvement than another. To say that the government is expensive and the people not oppressed is to say that the people are rich.”

Adam Smith, who must have been some kind of leftie or something. 
   
Made in us
Decrepit Dakkanaut






Anti Terrorism Laws. I bet they're going go the route NSA went.

Proud Member of the Infidels of OIF/OEF
No longer defending the US Military or US Gov't. Just going to ""**feed into your fears**"" with Duffel Blog
Did not fight my way up on top the food chain to become a Vegan...
Warning: Stupid Allergy
Once you pull the pin, Mr. Grenade is no longer your friend
DE 6700
Harlequin 2500
RIP Muhammad Ali.

Jihadin, Scorched Earth 791. Leader of the Pork Eating Crusader. Alpha


 
   
Made in us
Kid_Kyoto






Probably work

 Ouze wrote:
I believe there is a word for knowingly false information provided to a court.


"Parallel reconstruction"?

Assume all my mathhammer comes from here: https://github.com/daed/mathhammer 
   
Made in us
Imperial Admiral




"Pulling a Clinton"?
   
Made in us
Decrepit Dakkanaut






Leerstetten, Germany

 Seaward wrote:
"Pulling a Clinton"?


No, "pulling a Clinton" is called "Lewinskying".
   
Made in gb
Morphing Obliterator






I think the worst part is the US Marshals seizing information provided under a FOIA request. What the actual feth is up with that?

See, you're trying to use people logic. DM uses Mandelogic, which we've established has 2+2=quack. - Aerethan
Putin.....would make a Vulcan Intelligence officer cry. - Jihadin
AFAIK, there is only one world, and it is the real world. - Iron_Captain
DakkaRank Comment: I sound like a Power Ranger.
TFOL and proud. Also a Forge World Fan.
I should really paint some of my models instead of browsing forums. 
   
Made in us
5th God of Chaos! (Yea'rly!)




The Great State of Texas

 Ouze wrote:
I believe there is a word for knowingly false information provided to a court.


Government?


Automatically Appended Next Post:
 d-usa wrote:
I'm sure somebody is going down for this.......


No one, no one ever goes down for this. Thats the problem. The government has become utterly unaccountable.

No knock warrant at wrong house. People and/or animals die..nothing.

Police being used to stop everyone on a highway for a government survey...nothing.

The VA...nothing.

This message was edited 1 time. Last update was at 2014/06/23 11:19:47


-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
Made in us
Blood Angel Captain Wracked with Visions






Here's the interesting thing too. The US Marshals provide security to judges, the judges are being asked to find against their Praetorian Guard

 Ouze wrote:
I believe there is a word for knowingly false information provided to a court.

"Holdering"?

 
   
Made in us
5th God of Chaos! (Ho-hum)





Curb stomping in the Eye of Terror!

 Dreadclaw69 wrote:
Here's the interesting thing too. The US Marshals provide security to judges, the judges are being asked to find against their Praetorian Guard

 Ouze wrote:
I believe there is a word for knowingly false information provided to a court.

"Holdering"?

Damn... good one.

Live Ork, Be Ork. or D'Ork!


 
   
Made in us
Esteemed Veteran Space Marine




My secret fortress at the base of the volcano!

 d-usa wrote:
I'm sure somebody is going down for this.......


I'm sure nobody is going down for this. When was the last time someone, in any administration (Democratic or Republican) was held accountable for... anything, really?

Emperor's Eagles (undergoing Chapter reorganization)
Caledonian 95th (undergoing regimental reorganization)
Thousands Sons (undergoing Warband re--- wait, are any of my 40K armies playable?) 
   
Made in us
Blood Angel Captain Wracked with Visions






squidhills wrote:
 d-usa wrote:
I'm sure somebody is going down for this.......


I'm sure nobody is going down for this. When was the last time someone, in any administration (Democratic or Republican) was held accountable for... anything, really?

Very occasionally at election time. But that only works for elected officials

 
   
Made in us
5th God of Chaos! (Yea'rly!)




The Great State of Texas

squidhills wrote:
 d-usa wrote:
I'm sure somebody is going down for this.......


I'm sure nobody is going down for this. When was the last time someone, in any administration (Democratic or Republican) was held accountable for... anything, really?


Exactly, and I am not citing any specific administration. Admins come and go. The bureaucracy is timeless.

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
Made in us
Decrepit Dakkanaut






squidhills wrote:
 d-usa wrote:
I'm sure somebody is going down for this.......


I'm sure nobody is going down for this. When was the last time someone, in any administration (Democratic or Republican) was held accountable for... anything, really?


Thinking Aspin

Edit

Clinton Admin. Said no to armor request from Task Force Commander in Somalia. He only resigned from Sec. of Defense though (claiming health issues) but Clinton brought him back at another position in Government.

This message was edited 1 time. Last update was at 2014/06/23 16:06:45


Proud Member of the Infidels of OIF/OEF
No longer defending the US Military or US Gov't. Just going to ""**feed into your fears**"" with Duffel Blog
Did not fight my way up on top the food chain to become a Vegan...
Warning: Stupid Allergy
Once you pull the pin, Mr. Grenade is no longer your friend
DE 6700
Harlequin 2500
RIP Muhammad Ali.

Jihadin, Scorched Earth 791. Leader of the Pork Eating Crusader. Alpha


 
   
Made in us
Esteemed Veteran Space Marine




My secret fortress at the base of the volcano!

 Jihadin wrote:
squidhills wrote:
 d-usa wrote:
I'm sure somebody is going down for this.......


I'm sure nobody is going down for this. When was the last time someone, in any administration (Democratic or Republican) was held accountable for... anything, really?


Thinking Aspin

Edit

Clinton Admin. Said no to armor request from Task Force Commander in Somalia. He only resigned from Sec. of Defense though (claiming health issues) but Clinton brought him back at another position in Government.


Resigned and re-hired by the people you resigned from doesn't count as being held accountable. Fired and blacklisted, or fired and incarcerated counts as being held accountable.

Emperor's Eagles (undergoing Chapter reorganization)
Caledonian 95th (undergoing regimental reorganization)
Thousands Sons (undergoing Warband re--- wait, are any of my 40K armies playable?) 
   
Made in us
Kid_Kyoto






Probably work

squidhills wrote:
fired and incarcerated counts as being held accountable.


I read that as "incinerated". I was okay with that too.

This message was edited 1 time. Last update was at 2014/06/23 18:50:43


Assume all my mathhammer comes from here: https://github.com/daed/mathhammer 
   
Made in ie
Nihilistic Necron Lord




The best State-Texas

I really don't understand why people keep leaving an electronic papertrail when they commit such ridiculous acts that are quite likely going to come back and haunt them.

4000+
6000+ Order. Unity. Obedience.
Thousand Sons 4000+
:Necron: Necron Discord: https://discord.com/invite/AGtpeD4  
   
Made in us
Decrepit Dakkanaut






New Orleans, LA

Exactly. I'm like "Hello, that's what hotmail accounts are for! Or just use AOL. No one else fething does!"

DA:70S+G+M+B++I++Pw40k08+D++A++/fWD-R+T(M)DM+
 
   
Made in us
Last Remaining Whole C'Tan






Pleasant Valley, Iowa

 Sasori wrote:
I really don't understand why people keep leaving an electronic papertrail when they commit such ridiculous acts that are quite likely going to come back and haunt them.


As government officials, they are likely required to archive their mail to comply with the Freedom of Information Act and other similar sunshine laws.

So, the better answer is to just say you lost the emails, when asked to produce them.




 lord_blackfang wrote:
Respect to the guy who subscribed just to post a massive ASCII dong in the chat and immediately get banned.

 Flinty wrote:
The benefit of slate is that its.actually a.rock with rock like properties. The downside is that it's a rock
 
   
Made in us
5th God of Chaos! (Yea'rly!)




The Great State of Texas

 Ouze wrote:
 Sasori wrote:
I really don't understand why people keep leaving an electronic papertrail when they commit such ridiculous acts that are quite likely going to come back and haunt them.


As government officials, they are likely required to archive their mail to comply with the Freedom of Information Act and other similar sunshine laws.

So, the better answer is to just say you lost the emails, when asked to produce them.





IT would be better for her to say she had a public statement to make about the hard drive, then leap up on the table twirling an old bra shouting "I shot that sucker just to watch it die! hahahahah!"

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
 
Forum Index » Off-Topic Forum
Go to: