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Abstract

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss a possible shift in New York courts’ stance on privacy, examining a recent dispute in Erie County that involved unauthorized Stingray use. The fourth section will discuss the legislative response to the issue, which consists of two state bills and a federal bill that could change New York’s policy. The fifth and final section will argue why New York should adopt a warrant requirement supported by probable cause.