Saturday, November 15, 2014

More Illegal Government Surveillance Exposed


Yet Another Illegal Government Surveillance Program Exposed

 

By Derek Gilna

 

            It has been an open secret that law enforcement has often tracked suspects by targeting their cell phones, a technology that relied upon electronic tracking via devices placed in government vehicles.  The revelations of defector and former National Security Agency contractor Edward Snowden also brought to light the fact that the federal government has been listening in on cell phone conversations without proper warrants for years, much to the embarrassment of the federal government.

            The newest government surveillance program involves using “Dirtboxes” placed on government planes that crisscross the country, looking for “pings” disclosing the location of suspects, including drug suspects, not just terrorists, whose cell phone numbers have been entered into a master database.  (The proper name for the device is a DRT, short for Digital Receiver Technology.)

            Recent court cases have shown that the Supreme Court is increasingly wary of this enhanced warrantless surveillance of American citizens.  It has struck down convictions in cases where agents placed GPS devices on suspect’s vehicle to track its whereabouts without warrants.  Needless to say, it is very likely law enforcement will go to any lengths to conceal this illegal surveillance not only from the defendant and his attorney, but probably also government prosecutors.

            I have one of those cases pending at this time, where the judge has granted a delay in the progress of the case while a Freedom of Information Request (FOIA) is being processed by the Justice Department and the DEA.  The client’s lawfully-operated truck was stopped on a country road without any reason given, and within minutes dogs and a drug task force, complete with sniffer dogs, materialized on this lonely country road to search for drugs.  Do you believe in coincidences?  This case continues.

            Most drug cases rely upon the testimony of informants, since the government rarely seems capable of finding illegal drugs without inside help.  However, there are cases out there where the circumstances of the arrest are more than a bit suspicious, leading one to believe that illegal government surveillance was used to arrest and convict.

            Once again, to gain relief, you are by now well aware that you need someone on your side that is conversant with the newest developments in criminal defense strategy and opportunities for sentence relief.  Were you the victim of illegal surveillance?
 
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