FBI spy device

http://blogs.wsj.com/digits/2011/09/23/keeping-stingrays-secret-makes-case-tougher-for-prosecutors/

Keeping ‘Stingrays’ Secret Makes Case Tougher for Prosecutors

By Jennifer Valentino-DeVries

The Federal Bureau of Investigation’s desire to keep cellphone-tracking devices known as “stingrays” under wraps could make things more difficult for the government as it tries to prosecute the case of a man who was tracked by the feds using one of the devices, the judge in the case said.

U.S. District Judge David G. Campbell told an Arizona courtroom Thursday that he was not inclined to let the government present factual evidence regarding the stingray in a closed session without the defendant present.

U.S. Patent and Trademark Office
A Harris StingRay II, one of several devices dubbed ‘stingrays.’

“That seems to me to be improper,” Judge Campbell said. “These facts have to be found in a hearing where both sides participate.”

The defendant in the case, Daniel David Rigmaiden, is facing fraud charges and is arguing that he should have further evidence on the technology the feds used to locate him, in order to argue for his defense. Mr. Rigmaiden maintains his innocence and says the methods used to locate him amounted to an unreasonable search and seizure. The case was the subject of a Wall Street Journal article Thursday.

The government does not want to disclose more information about the stingray gear saying that it is “law enforcement sensitive” and that revealing information about it would allow criminals to evade it. The prosecution has been asking for a chance to give Judge Campbell information about the device that it says would rebut some of the claims Mr. Rigmaiden is making.

Although the judge appeared to reject that idea, he did say he would be willing to hold a closed hearing to allow the government to explain why the information is so sensitive that it needs to be withheld.

After that hearing, he said, if he concludes any information would be “relevant and helpful” to the defendant, it would still have to be disclosed. But the government could keep secret anything that he decides would not meet that standard, he said.

He then explained that the prosecution could face problems down the line if it withholds evidence on the technology and the defendant then produces expert witnesses who say the devices do certain things.

“The government could not respond … because you’ve withheld this information,” he said. “Therefore by a preponderance of the evidence, he’s shown that’s what this kind of device does.”

There are other big issues that need to be settled as the case moves through Judge Campbell’s courtroom – such as whether the government had a valid search warrant.

But for now, the prosecution and the FBI face some big decisions about how much information they’d be willing to give up. “I would love to be able to disclose everything and proceed,” the prosecutor, Frederick A. Battista, told the judge. Mr. Battista said he would need to talk with the FBI and the Department of Justice before determining what he can do.

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Red Fang said:

when I first clicked on this, I was redirected to youtube. why is that?

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txskunk said:

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....... it seems youtube has worked some sort of a deal that these embed codes are redirected or something?

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