Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.

Articles Tagged with cellphone surveillance

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”


In a meeting last month, the Santa Clara County, California supervisors voted 4 to 1 to authorize the expenditure of $500,000 on a product they had never seen. They did not know how the product worked, nor were they even sure of its brand name. The supervisors were required to enter into a nondisclosure agreement to even purchase and use the device.

Surveillance equipment Charlotte Criminal Lawyer Mecklenburg DWI AttorneyBut they would not be using the rectangular device—“small enough to fit into a suitcase, that intercepts a cellphone signal by acting like a cellphone tower,” according to the New York Times. The Santa Clara County Sheriff—Laurie Smith—would be using the device to track down terrorists and missing persons, she said. She could offer no details on technical specifications to the Times and said she had not seen a product demonstration.

Cell-site stimulators—called various names including StingRay or KingFish—capture texts, emails and other data “from all wireless devices in the immediate area” of a device. According to a 2011 Federal Bureau of Investigators affidavit, the device captures data from all devices in an area—even those of bystanders not targeted for investigation. That information is purged, the F.B.I. said, in order to ensure privacy rights, according to the Times.

For now, law-enforcement agencies and their technology suppliers have insisted on a veil of secrecy about the devices, saying disclosure “would let criminals, including terrorists, ‘thwart the use of this technology,’” according to the Times.

Continue reading

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”


Two Mecklenburg County Superior Court judges have indicated that they may be willing to unseal court records detailing how law-enforcement officers have used secret surveillance of cellphones and other wireless devices in closed investigations.

Cell phone tower Charlotte DWI Lawyer Mecklenburg Criminal AttorneySuperior Court Judge Richard Boner told the Charlotte Observer that the legal justification for sealing court records ends “once everything is over and done with” in a case. Superior Court Judge Robert Bell also indicated a willingness to consider unsealing some court orders that authorized the use of secret surveillance.

The surveillance equipment—known as StingRay, Hailstorm, AmberJack or TriggerFish—imitates a cellphone tower and enables officers to uncover the location of cellphones and wireless devices in the area, their serial numbers and other information. Charlotte-Mecklenburg Police have denied using the surveillance equipment to eavesdrop on conversations or store data from innocent people.

A number of Charlotte criminal defense attorneys told the Observer that they were unaware of CMPD’s use of the equipment until the Observer’s recent stories on the matter. In the stories, CMPD acknowledged that law-enforcement officers have been using the surveillance equipment for at least eight years.

Continue reading

Contact Information