Maryland appeals court issues opinion in stingray case

AP News
Posted: Mar 30, 2016 6:32 PM

BALTIMORE (AP) — A Maryland appeals court has issued an opinion almost a month after determining that a clandestine cellphone-surveillance device used by Baltimore police in an attempted murder case violates the Fourth Amendment and any evidence collected using it must be excluded.

The Court of Special Appeals issued its opinion Wednesday. It read that the judges "conclude that people have a reasonable expectation that their cellphones will not be used as real-time tracking devices."

The order upholds the decision of Baltimore Circuit Judge Kendra Ausby, who ruled that the police should not have used a cell-site simulator device, called a stingray, without a search warrant in the case of Kerron Andrews, who was charged with attempted murder in 2014, and any evidence gathered from its use must be suppressed.