Does the Use of a Fake Cell Phone Tower Constitute a Search?

Wired has posted an article on a case where the FBI nabbed a suspected identity thief using by using a fake cell phone tower to pinpoint the suspect’s wireless card. The FBI has claimed that the fake tower, known as a “stingray,” is a pen register/trap and trace device that can only capture routing and header information, and hence doesn’t require a warrant to use. Although the device captures information from all cell phone use in the vicinity, the FBI claims that it deletes all information from the stingray other than the suspect’s. In this case, the defendant argued that, because the stingray was used to find the specific location of a wireless aircard inside his apartment, the police were required to have a valid warrant. After the judge indicated that he wanted to know more about how the device works before making a ruling, the government amended its argument, conceding that a warrant might be necessary to use the device in this case, but claiming that the use was covered by an existing warrant.

Image: CC BY 2.0 / Richard Smith