2,000 cases may be overturned because police used secret Stingray surveillance
Last edited Sat Sep 5, 2015, 05:33 AM - Edit history (1)
Source: Guardian
A motion filed Friday says the States Attorneys office colluded with police to withhold discovery material obtained via Stingrays from defendants
More than 2,000 cases could be overturned in Baltimore as the first motion for a retrial is filed accusing the states attorneys office and the police of deliberate and wilful misrepresentation of the use of the secret surveillance equipment known as Stingrays.
The motion, which was filed on behalf of defendant Shemar Taylor by attorney Josh Insley in the Baltimore city circuit court on Friday, says the states attorneys office colluded with the police department to withhold discovery material from the defendants and the courts about the use of the Stingray device. Taylor was convicted of assault, robbery and firearm possession.
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... a Guardian investigation in April revealed a non-disclosure agreement that local police and prosecutors were forced to sign with the FBI before using the Stingray devices, which mandated them to withdraw or even drop cases rather than risk revealing Stingray use.
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The motion also stated that in Taylors original trial in November 2014, attorneys for the state told defence counsel that the device was not used in the investigation. But a USA Today investigation that unearthed a log of cases in which the device was used showed that a Stingray was in fact used in Taylors case.
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Read more: http://www.theguardian.com/us-news/2015/sep/04/baltimore-cases-overturned-police-secret-stingray-surveillance
gopiscrap
(23,761 posts)fucking cops are out of control
MattSh
(3,714 posts)Include the prosecutors and the FBI too.
gopiscrap
(23,761 posts)and that includes judges also!!
cstanleytech
(26,299 posts)to withhold this information from the defense then the judges should be removed from office, disbarred and prosecuted.
Have these people never heard of shredders? Did they learn nothing from Watergate? Oh, wait.
Whoever is responsible in that States Attys office just ruined their own career, to say nothing of the fact that if the FBI decide he needs to be sued/prosecuted for violating the terms of the non-disclosure agreement, he's all kinds of Fucked. And why?
Because police-state tactics, from the feds on down.
I hope every one of those cases does indeed get thrown out, but something tells me this will go all the way up the judicial chain, and land in front of the Supreme Court.
Watch this space.
dixiegrrrrl
(60,010 posts)Smarmie Doofus
(14,498 posts)tabasco
(22,974 posts)There is no loyalty to justice and no loyalty to the people. Greed and ambition are their only motivation. Our justice system and our society are SICK.
questionseverything
(9,656 posts)2000 cases in one city...imagine how many will be affected nationwide
i would guess a high percentage of these illegally convicted people are POC so were are BLM supporters on this article?
or is this something not to be mentioned because potus has been in charge of the fbi for the last 7 years?
http://www.reuters.com/article/2013/08/05/us-dea-sod-idUSBRE97409R20130805
A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.
Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.
The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.
cali
(114,904 posts)And I'd bet this is happening in other jurisdictions. Interesting to note that this piece of investigatory journalism was done by a British newspaper. Good that the Justice Department has recently instituted a policy that agencies under its aegis must now obtain a specific warrant to use these things, but what is Justice doing regarding police departments and other law enforcement agencies?
Disturbing shit.