Yes. You would need a warrant for that. I meant in this case they could have easily obtained one. The had the IP, which is how they got IMSI.
I imagine you'd use Stingrays when you want to cast a broad net, i.e. who are the persons who are within X distance of the tracker and were also around at a previous location.
So I can't imagine why they would have wanted to use the Stingray here.
You only need the warrant if you want to use the information you obtained in court. If you just want to figure out how to nail somebody... which is often the hardest part... you just quietly listen in and figure out what things you should be getting warrants for.
>You only need the warrant if you want to use the information you obtained in court. If you just want to figure out how to nail somebody... which is often the hardest part... you just quietly listen in and figure out what things you should be getting warrants for.
That still sounds illegal. "Fruit of a poisonous tree" and all that:
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well.
Yes, and this has been side stepped around for decades.
You find another way of entering evidence that doesn't mention any illegal surveillance. Since you've been watching, you know where it is. Construct a situation in which it is found legally.
See the Snowden revelations and what the DEA has to say about how it does investigations.
Surveillance doesn't necessarily require a warrant, if it's something like watching who's coming and going from a public vantage point. Wiretapping, reading mail, other eavesdropping would.
Sounds like IMSI catchers are being used without warrants.