This is the Katori Daily Podcast for Tuesday, February 8th, 2022.

I'm Caleb Brown.

It can't be said enough. Police are way ahead of courts when it comes to understanding

technology that can implicate your rights.

The case of cell site simulators, so-called stingrays, is a perfect example.

Nate Wesley is deputy director of the ACLU Speech, Privacy and Technology Project.

Through FOIA and lawsuits, he's in the process of learning more about just how police are using this secretive technology to evade the constraints of constitutional government.

When police agencies want to spy on someone and gather information for an investigation? What is the constitutionally approved

process that police agencies ought to use in order to do that?

So you know there are a number of ways technologically that police can try to intercept people's communications or track our

locations over time or locate us, going through a request of the phone company,

trying to use malware installed on a phone. going through a request to the phone company,

trying to use malware installed on a phone,

or using their own device,

often called a cell site simulator

that mimics the cell phone tower

and tries to locate the phone.

You know, all of those are highly invasive and we think there are some differences in how the

Fourth Amendment applies depending on the type of technology, but at a minimum

there needs to be a search warrant based on probable cause

issued by a neutral judge that provides individualized suspicion and court oversight.

So when you say individual suspicion, particularized suspicion, you're talking about a person who is suspected of having committed a crime.

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