Home / Crime and Justice / ACLU Toolkit Unmasks Secret Police Tech
ACLU Toolkit Unmasks Secret Police Tech
20 Jul
Summary
- New toolkit helps attorneys uncover hidden police surveillance tech.
- Toolkit uses legal motions to force disclosure of police technology.
- ACLU aims to counter unregulated surveillance tools in courts.
A new toolkit from the ACLU of Massachusetts empowers criminal defense attorneys to uncover the clandestine use of surveillance technologies by law enforcement. Released this week, the online resource features pre-written legal motions intended to force prosecutors to disclose the deployment of tools such as facial recognition, automatic license plate readers, and AI-generated police reports in criminal cases.
The toolkit addresses a critical gap, as police sometimes employ these technologies without informing prosecutors. A 1963 rule requires prosecutors to disclose all potentially exculpatory evidence, a principle these new motions leverage. The ACLU emphasizes the urgent need to challenge these unregulated tools, citing instances where devices like stingrays were used extensively without disclosure.
Massachusetts has seen significant judicial action on digital privacy, with its Supreme Judicial Court ruling years ahead of the U.S. Supreme Court on issues like cell phone location data warrants. Recent court decisions have aided defendants seeking to challenge surveillance methods, such as fake social media profiles used for surveillance and the efficacy of ShotSpotter technology.
The ACLU's initiative arrives shortly after a U.S. Supreme Court ruling concerning geofence warrants. The toolkit provides attorneys with adaptable motions, including one for geofencing, to ensure that good lawyering practices are accessible to all defendants and to identify areas where new strategies are continually needed.
