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August 2016 Archives

If the police don't read me my rights, they can't use my statements against me, right?

Answer: Sometimes, they can.  Even if the police fail or 'forget' to read you your Miranda rights, they can get away with having the things you say used against you if a court finds that the circumstances of the questioning did not rise to the level of "custodial interrogation".  What does this mean?

Can the government turn my cellphone into a tracking device?

Answer:  Not without a search warrant, they can't. Almost all police departments around the country, including Florida, use covert cellphone tracking devices, known as 'Stingrays'.  These handheld devices, (also known as cell-site simulators), are used to determine a mobile phone's location by impersonating cell towers, which tricks your phone into transmitting pings to the device, allowing the police to narrow down your location to a few feet.   

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