Chicago lawyer sues police over interception of his cellphone information during protest
A Chicago lawyer has filed a lawsuit alleging police violated his Fourth and First Amendment rights by using a cell site simulator to search his cellphone during a Black Lives Matter protest.
Lawyer Jerry Boyle says the police device, sometimes known by the brand name StingRay, searched his phone at least once during the protest on Jan. 15, 2015. Boyle is a volunteer legal observer with the National Lawyers Guild who attended the protest to observe police conduct and offer pro bono assistance to protesters. The Chicago Tribune and Ars Technica covered his federal lawsuit (PDF).
Cell site simulators impersonate cellular towers to collect cellphone information, the lawsuit explains. The simulators can gather cellphone identification numbers that can identify the user, and can track the location of the user. The simulators also “have other extraordinary capabilities,” the suit says, in that they can access the content of phone calls and text messages, and can access browsing history and call logs.
The suit says the Chicago Police Department has a practice of using cell site simulators to seize personal data from cellphones without a warrant or probable cause. No written policies establish standards for use of the devices, the suit says.
The lawsuit’s claims include violation of the First and Fourth Amendments, the Illinois Constitution and the right to privacy.
Prior legal challenges to cell site simulators have been filed by criminal defendants or by civil plaintiffs seeking public records about the devices. University of North Texas law professor Brian Owsley told Ars Technica he’s not aware of a suit similar to Boyle’s.
“Boyle hasn’t been charged with anything and doesn’t appear likely that he’s going to be charged and still is coming in and asserting that his constitutional rights were violated,” Owsley said. “That’s really the unique part.”
