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Is Big Business Buying Florida’s Courtrooms and, In Doing So, are Floridian’s 4th Amendment Rights Disappearing?

The normal matriculation from Assistant State Attorney to Judge has always been an alarming fact in Florida. The oppressor’s heart as a prosecutor does not change because the former prosecutor now slips on a black robe. Recently though, the 4th Amendment of the US Constitution and Rights of Floridians to be safe and secure in their homes without unreasonable Police searches and seizures has been usurped by Big Business, and possible worse a weak or corrupt Judiciary.

The Harris Corporation of Florida has teamed up with all Florida Cellphone Tower providers, in producing technology that can turn on your cellphone and track it without your knowledge. Additionally, law enforcement officers in Florida have signed a “none disclosure agreement” or NDA with Harris Corporation, according to Florida sealed court documents obtained by the ACLU. This agreement between Harris Corporation and Law Enforcement, allows Sheriff’s Offices, Local Police and other Florida Law Enforcement Officials to track the cellphone in Florida and without the police first obtaining a search warrant from a neutral magistrate or judge, as the 4th Amendment of the US and Florida Constitution so requires. The issue of this technology, which has been coined “Stingray,” has been the recent subject in many Floridian Appellate courts arguments and for good reasons.

The first case that shed sunlight on this technology was in 2008. The 2008 case was the State v. Thomas. Thomas was convicted in Florida Circuit Court of rape and petit theft. Thomas accosted a young lady, raped her, stole her purse and went to his girlfriend’s house to spend the night. Law Enforcement Officials used technology, thought to be Stingray tracking allegedly from the Harris Corporation to track the purse that contained the victim’s cellphone some 24 hours later. Police officers spent 6-8 hours outside the apartment of where the victim’s cellphone was remotely and surreptitiously activated, through the Stingray technology. Even though law enforcement spent hours outside the location of where the victim’s cellphone was located, they do not go get a search warrant, which the US Constitution and Florida Constitution requires, before entering the apartment without consent and retrieving the stolen purse and cellphone.

In Thomas, at a hearing on a motion to suppress the unlawful search without a warrant and unlawful seizure of the cellphone and purse from the defendant’s apartment, the defendant questioned how the cellphone was located, when it was clearly in the “off” position inside the purse. Law Enforcement refused to answer the questions. When the sitting judge indicated he would seal the court room and proceedings, law enforcement testified they used Stingray technology. Further testifying that the “any” cellphone can be remotely turned on with Stingray technology and then through cell tower triangulation the cellphone location can be pinpointed within 3 meters. This is exactly what was done in Thomas.

The sitting judge in fact violated the trust of all Floridians, when he sealed a courtroom off from the public to protect Big Business. The sunshine state has always been a dark place for justice because of the normal matriculation of prosecutor to judge, but on this day the disinfectant, the people, where eliminated by an overzealous big business circuit court judge. Law enforcement refused to answer any questions about the technology or its use, because Law Enforcement and the Company who supplied the Stingray equipment had a NDA in place. The judge accepted Law Enforcement’s explanation and did not compel Law Enforcement to answer relevant questions that would assist the defendant in his defense in challenging the evidence. Right, big business sold technology that is not cheap, some suggest over $100,000.00, to the people of Florida because the tax payers fund Law Enforcement and purchase their technology, but due to some NDA and big business judges, big business does not have to tell the purchaser, the people, about the technology in a public court of law.

On appeal and during oral arguments, the Thomas case showed that this Stingray type technology is and has been used countless times in Florida, and the warrant requirement was never satisfied during those invasions of Floridians privacy and their homes. If you think the government, including the Palm Beach County Sheriff, Broward County Sheriff, Dade County Sheriff, Martin County Sheriff, Port Saint Lucie County Sheriff and all other law enforcement officers are not tracking you through abusive police processes you are foolish.

The government is remotely turning on your cellphones. The cell towers are tracking your every move. This is all being done without a warrant, which violated the 4th Amendment of the US Constitution. Moreover, law enforcement is then entering Floridians homes without a search warrant, like in State v. Thomas, and Big Corporation judges are putting profits and re-election over Constitutional principles and the rights of all Floridians when these judges okay these police actions like in Thomas.

If you or a loved one has been arrest and need Criminal Defense Help in all of Florida contact Palm Beach Criminal Defense Attorney Andrew D Stine. West Palm Beach Criminal Lawyer Andrew D. Stine has been defending personal constitutional rights of others for over 10 years. Hire Stine or do the Time. If the police are talking to you, you need to be talking to me!

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