The American Civil Liberties Union (ACLU) joined forces with the Electronic Frontier Foundation (EFF) to file an amicus brief in a case involving the Milwaukee Police Department's alleged warrantless use of a stingray.
The organizations allege that the department secretly used the surveillance device to track the suspect's phone, and successfully concealed its use from the defense and the court, according to the brief.
If the allegations hold true, “this would be sufficient grounds for suppressing the evidence gathered as a result of using the device,” the ACLU/EFF brief said.
The appeals case stems from a defendant who was sentenced to 57 months in prison after pleading guilty to unlawful possession of a firearm.
In a separate case, the Maryland attorney general argued that warrantless stingray use didn't violate a suspect's rights because it is common knowledge that cell phones generate location information.