A state judge has thrown out the results of a lineup that identified a Brooklyn man charged with attempted murder because police used a cell site simulator to track him without securing a probable-cause warrant beforehand.

The decision, issued by Kings County Supreme Court Justice Martin Murphy, may be the first time a state judge has ruled that a warrant based on probable cause—rather than on a lesser standard such as reasonable suspicion—is necessary before deploying a cell site simulator, according to Barry Kamins, a former administrative judge for New York City’s criminal courts and a former Supreme Court justice.

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