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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]