Maryland Court of Appeals remands law enforcement use of stingray for good faith hearing

During a murder investigation, detectives focused on the victim’s cell phone to look for leads. After looking at phone records and wishing to identify the owner of a particular phone tied to a particular call, the lead detective applied for a pen register.

The police subsequently used a stingray device to locate the cell phone. Based on that, police made an arrest which led to an interrogation. After discussing an older case by the name of Copes where the court ruled officers acted in good faith based on getting an order to authorize use of the device, here there was language lacking in the order.

The Court decided to remand the case back to the trial court to hold a hearing on whether officers acted in good faith.

This case is necessary reading when defending against the use of a Stingray.

The case is Baskerville v. State, 2018 Md. App. LEXIS 712, (Md. Ct. Appeals) (July 20)

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