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WBEN NewsRadio 930>Audio & Video on Demand>>Expectations of Privacy - Paul Cambria

Expectations of Privacy - Paul Cambria

May 15, 2014|

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Defense attorney Paul can bring joy -- those know the WBM. Live line. We're going to be talking about sheriff Tim how are scheduled appearance today before it county legislature public safety committee hearing. To answer questions about the sheriff's offices cell phone surveillance technology Paul thank you for joining us on this morning. Paul if you will were a member. Of that committee. And you have the opportunity to ask the first question what would you need to know. Well I'd ask whether or not he's consulted with the legal team because they -- what's happening is that. They're they're doing what amounts to shall call traffic urged. It's interstate a long time ago the Supreme Court should. That when you have a shelf or even a regular phone and you dial numbers and in numbers struck out. There -- -- privacy for that and you don't need a war. In order to monitor that information because issue battle reached all its own company. And so the Supreme Court and she probably however. Congress -- passed -- law saying that there's. About what they call -- track and racial numbers and you do need a court order and order can do. That was in the -- now last year the Supreme Court in the Jones case. Talked about GPS devices. And file that in that particular case because. Particular information was gathered about where person was going to go to their doctor ordered it worked out a strip club you know personal things. That. A war was needed in order to have that GPS. So now we've seen all of to a point with the Supreme Court changed to be saying wait a minute. It's the police are capturing information. Which describe your daily life what you're doing and so awards -- So at the buried Menem on TV award because each trap -- -- And race he may very well need a search war depending upon. That minutia this being gathered. Are they able to say your that your child -- lecture at a hotelier Richard actors that Tenet but it's so. The raiders indeed -- help the greater the chance that it actual search -- needed but. Nevertheless. Pork process needed to do it's even if suggested perhaps entry each order a judge yesterday. Do we know that he's not getting search warrants. Well I don't think that there's been any indication of that because that would be the easy answer he can say hey look. You know what's the problem I've gone to a judge and the judge operations. I don't think there's any chance that sprint -- I think they usually equipment. I think share power or powers -- good man and I'm sure that you think she's doing the right thing. You have to check out the orders but law sheep -- and you don't just say well we're getting criminals and kidnappers and all that. Good intentions have never trump the constitution's. The ends never justify the means if you're violating attached to. And explaining how he was used in this technology Paul the sheriff recently pointed out. A search foray. The distraught man with a firearm making threats of the town of Boston. And they use this technology to pinpoint demands. Location. And the sheriff also pointed out that they went through all the legal channels before they did this so I mean it sounds like you do the right thing. But legal but in that case it's a legal channel was. Can get you know get an order from the court even has its -- there are provisions for oral emergency orders if he did that that's fine. It's not. Then there is a problem and that could be all that information could be suppressed. In court because legally changed your cap to interpose. A magistrate. When you're capturing emissions from patient. -- -- worried that the sheriff is just saying. Trust me -- -- on and on using it for good reason. But that is an hour ago he has never justify the means it if you violate the constitution it doesn't work that. Never has never will the court always says look it might -- tension which can't violate constitution. In order to be cheap. Well we'll find out later today Paul thank you for joining us on this this morning. Our. Defense attorney Paul -- --

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