How a Hacker Proved Cops Used a Secret Government Phone Tracker to Find Him - POLITICO Magazine: "So far, judges and courts are not in universal agreement over whether locating a person or device, as the stingray helps to do, should require a warrant. Stingrays don’t necessarily mean that conversation will be picked up, so wiretap laws, which require warrants, don’t apply. In most cases, police officers would need at least a “pen register” court order, named for a kind of technology that allows police to get call logs. The pen register court order has lesser standards than a warrant: Rather than requiring that officers show probable cause, a pen register court order requires that law enforcement only needs relevance to an ongoing investigation. But stingrays are more invasive than pen registers, and as Rigmaiden’s case would show, law enforcement didn’t have any kind of specified protocol about what it needs to do to use this new technology.
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