Corning Ithaca Defense lawyer: How can the Police get your Cell Phone Info? It's called a STINGRAY

Image of a Stingray Device

HOW CAN THE POLICE

GET YOUR CELL PHONE INFO?

It's called a "STINGRAY"

What is a STINGRAY?

"Stingray" has now become legal slang for any device that is capable of simulating a cell phone tower and getting your information directly.   There are many different models with all kinds of different software being employed across the United States today by the federal government and local police.  

The scary thing about a STINGRAY is that is can get a tremendous amount of information about you from your phone without you knowing.   These days we are all on on phones constantly -- so it is a very powerful tool for law enforcement to invade our privacy --and they can do it whenever they feel like it.  

How does it work?

In lay terms, the STINGRAY simulates a cell tower.  It's technical terms is a "cell site simulator."  It is very portable and can be placed in a car (in passenger compartment or trunk) and is driven around by law enforcement so that the device can send "pings" to any cellular phone in its range.  These pings compel the mobile phone in range to send data back to the Stingray.  Once the Stingray is connected to a phone, it can manipulate the phone's connection to the tower/Stingray.   When the Stingray is connected to a phone, it will be able to read texts, listen to phone calls, get voicemails, and access the Global Positioning System (GPS) on the phone for it's precise location.  

These types of devices have been used in the USA for years to essentially spy on the American people for purposes of "law enforcement."   However, the law enforcement community and federal government have prevented US citizens from learning more about how these devices work and how they're employed against average Americans.  It wasn't until the past couple years when manuals and other info about this spying technology were released to the public.  Even so, these disclosures were heavily redacted.  The police continue to keep this info from the public --so sadly, we really do not know how much our Constitutional 4th Amendment rights are being violated on a daily basis...

Why Should Non-Criminals Care About this Device?

Sadly, a Stingray is an eavesdropping device that does not discriminate between criminals and the regular public.  It casts a wide net and if you are in the vicinity of the Stingray then the police will be getting your data too!  

This level of intrusion into our privacy can be used by police to scan for local crime without a warrant if they wish.  No agency is watching the police to make sure they only use it when they are authorized by a judge.  It's very "1984" for the police to be monitoring all of us --without our knowledge or consent.  Big brother is watching (and listening).

Hypothetically, a police officer could be riding around your city with a Stingray in the car --and catch a text from your phone about buying some weed.   Then, even though they had no warrant to eavesdrop on your phone, they could get your name and address from the phone number, and start staking out your house. They would watch you drive somewhere, tail you, then pull your car over for some insignificant reason (which is legal in NY) and search your car.   If they find anything, then they won't mention how you got on their radar screen at the start--and claim that it was just luck that they happened to stop you and find some illicit drugs -- but it could have originated from a device like a Stingray.  Who knows?  

This is the scary part of the technology.

For more specific information about Stingray technology, I suggest you check out this article.   

In the meantime, remember, your phone is not your own --and the government can track it (and all the data is holds) if they feel like it.  

I'll be doing a post about New York Laws and the Stingray in the coming days.

BY MIKE CYR

607-229-5184

NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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*Educational Purposes only. Copyright 2018 NEWMAN & CYR PLLC.

BACK TO SCHOOL SERIES: Ithaca College Cornell Students - Don't get CAUGHT with Drugs in a Room in NY

Ithaca College and Cornell Students - Don't get CAUGHT with Drugs in a Room in New York!

It's that time of year again and the students are almost back with us in Ithaca.  At Newman & Cyr, we felt it was important to do a BACK TO SCHOOL SERIES to give our incoming new and old friends some more info to make sure that they don't get caught up in the craziness of college and get charged with a crime in New York. 

Here's an excerpt from my ebook about how to keep yourself safe if you attend a college party or visit friends that you don't know well... 

The DANGER of Drugs Found in a Room in NY

"New York has a legal presumption that ANY drugs found in a room are

“possessed” by everybody in that room. This is true regardless of where the

drugs are found whether in a college dorm, house, or apartment.

Again, just like drugs found in a car presumption, if you are in a room with

drugs in "open view" and the police enter, then anybody in the same room as

those drugs may be charged with possession. This legal presumption will have

to be overcome and fought by your attorney."

Depending on the drug, you could be charged with a Class A misdemeanor (facing up to 1 year in county jail or 3 years probation supervision) or even a felony (where you face state prison time).  

Yes, it is true that these sort of "constructive possession" charges can be fought, but they require a local criminal defense attorney and that means time and money.  

So in the spirit of welcoming you Ithaca College and Cornell students back to school, be careful who you party with to avoid being put in an unfortunate and serious situation with the Courts. 

If you have questions about a drug possession charge or any other criminal defense matter in Ithaca, NY --you are welcome to give us a call, shoot us an email or fill out the form on our website.  Welcome back to college! 

BY MIKE CYR

607-229-5184

NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.

Ithaca Criminal defense attorney: Four TRUTHS about Fake ID charges in New York

FOUR TRUTHS about Fake ID charges

in Ithaca, NY

(Ithaca College and Cornell students-

pay attention...)

In this video, Attorney Mike Cyr explains FOUR TRUTHS about Fake ID charges in Ithaca, NY. 

We represent many, many students every academic year who get charged with having or using a FAKE ID in Ithaca, NY. Whether they are from Ithaca College or Cornell University, the Ithaca police tend to treat everybody the same.

If you get charged with something for having or using a FAKE ID, here are some bits of info that many people we talk to are surprised to hear: 

1. Your FAKE ID will be confiscated

2. The police WILL get called

3. People do get arrested

4. You could be charged with a violation, misdemeanor or even a FELONY based on the facts of your situation... (it could be a big deal)

If you have questions about a FAKE ID charge or an ABC 65-B code violation (Attempt to Purchase Alcohol by Fraudulent Means) in Ithaca or surrounding counties, give us a call:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense attorney: What are the 3 levels of FAKE ID charges in New York

What are the THREE LEVELS

of charges for FAKE ID's

in New York

In this video, Attorney Mike Cyr explains that there are three different levels of criminal charges for a FAKE ID in New York. 

You could be charged with:

-violation
-misdemeanor
-FELONY (state prison)

And your charge could be INCREASED by a Prosecutor even after you are given your ticket by the police. 

If you have questions about a FAKE ID charge in New York --or more specifically, Ithaca City Code violation ABC law 65B --Attempt to Purchase Alcohol by Fraudulent Means -- or Under 21 Possession of Alcohol -- call us: 

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Watkins Glen DWI lawyer: Can the Punishment be WORSE for going to trial in NY?

CAN THE PUNISHMENT BE WORSE

FOR GOING TO TRIAL IN NEW YORK?

In this video, Attorney Larry Newman explains how taking a criminal defense case all the way to trial could potentially alter the punishment for a Defendant in New York. 

Like all things, it depends on the circumstances. If you are charged with murder --taking a case to trial is expected. Your punishment will be reflective of the evidence and facts that come out during the trial. 

Unfortunately, there is a flip side to that coin. If you are charged with a minor crime --and insist on taking the case to trial--despite there being a reasonable plea offer from the Prosecutor, then a charge could be inclined to punish you worse for "wasting the court's time." 

There is a constitutional right to have a trial in the USA and in New York. Many Judges respect that right and will not punish you more harshly for exercising your rights. However, there are some that will be less than happy to spend their time presiding over something they feel shouldn't be happening. Additionally, the Prosecutor will almost always request much harsher sentences following a trial than they offered in a plea negotiation. 

That's why all of these factors must be considered in EVERY DEFENSE CASE. Who is the Judge? Who is the DA? What's the facts of the case? What charges are you facing? 

If you have questions about a criminal case or DWI case in NY, call us: 

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense lawyer: What Happens if you are Caught or Suspected of Shoplifting (Petit Larceny) in Ithaca, NY - Part 2

What Happens if you are 

CAUGHT or SUSPECTED of Shoplifting

(Petit Larceny) in Ithaca, NY - Part 2

In Ithaca, shoplifting (even amongst those with the ability to pay) is one of those spur of the moment crimes. Remember in New York State, Petit Larceny is a crime not just a non-criminal violation. A conviction will lead to a permanent record of dishonesty. A record like this is not a good thing to carry with you into the future. Any crime or behavior that demonstrates or represents a person's character in a bad light can impact their future.   

Shoplifting is Often a Crime of Opportunity

We often see it as a crime of opportunity. Busy store, lots of people, small merchandise, so the mental pattern of entitlement begins with they make plenty of money, and no one will be hurt. Many who shoplift get away with it numerous times before they are eventually caught.

Four Things Happen to Ithaca Shoplifters

People who are suspected of shoplifting:

1. Will be detained, blocked, and then asked to go to a room or holding area;
2. Will be asked to empty their pockets, and have their purses and bags searched;
3. The police will be called, and the store will formally press charges;
4. You will usually get a letter in the mail from store attorneys to request a civil penalty. 

Ithaca Shoplifting can Bring Civil as well as Criminal Penalties 

Under New York State General Obligation Law Section 11-105 the store's attorneys can make a civil demand of up to five times the value of the items stolen or up to a maximum amount of $500. Law firms for the store send a demand letter for money. This demand letter usually is mailed to home address weeks after the incident, and before you are to appear in court on the charges.

The good intent of the civil penalty law was to encourage shopkeepers to pursue money damages against shoplifters. This was supposed to be instead of the pursuit of criminal charges not the addition of criminal charges. It also was not to be used to coerce confessions of guilt.

Macy's Used the Shopkeeper's Law in Ways It was NOT Originally Intended 

What happened in the Macy's shoplifting case was that Macy's had been holding thousands of people against their will for long periods of time, denying them communication with family, friends, or an attorney, and then coercing them (making them) sign confessions and pay on the spot this civil penalty. This was not the intention of the New York State legislature when enacting General Business Law section 11-105, and shopkeeper's privilege section 218.

In Part 3, we explore the successful defense of an Ithaca Petit Larceny Charge...  

If you have questions about a criminal charge in Ithaca, NY call us:

607-229-5184

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.

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Ithaca Cortland DWI defense lawyer: New York DMV Regulations for Multiple DWI Offenses

New York DMV Regulations

for MULTIPLE DWI Offenses

This video is about the new New York DMV regulations for determining what a person needs to do to get back a license if they have more than one DWI. If someone has two DWI or DWAI or DUI within 25 years they are going to have to get a new drug/alcohol evaluation/assessment and follow up with a OASAS treatment plan.

If they do not do this they will not get back any New York State driver's license privileges. The look back period used to be only 10 years and the DMV increased it to 25 years.

New York DWI and DWAI drugs criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.

Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

If you have questions about a DWI case in NY, call 

us: 607-229-5184

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.

*Attorney advertising

Ithaca Watkins Glen DWI lawyer: Understanding Difference between RELIABILITY and VALIDITY with NY DWI Breath Testing

Understanding the Difference Between Reliability and Validity 

with New York DWI Breath Testing

Attorney Mike Cyr taking Datamaster DMT Breath Test at DWI seminar Jan. 2016,
Newman & Cyr, The DWI Attorneys

In every New York DWI, case the judge is going to tell the jury by instruction that breath testing or the breathalyzer is reliable. People can be confused that that also means that the BAC number result is also accurate or valid.

Why Reliable and Valid are not the same thing?

Reliable just means something is consistent. It means that it gives the same or similar result every time.

Validity means that something is correct, that it is, in fact, accurate in it’s determination or measurement.

When it comes to New York DWI breath testing even if the machine is consistent in it’s assessment that does not mean it is accurately measuring what it is supposed to measure.

What’s the DWI Chemical Test Supposed to Measure?

Chemical tests of breath samples in DWI arrests are supposed to measure blood alcohol concentration.  What they do is take an alcohol sample run it through a computer to calculate a blood result number.

If a weight scale is set 10 lbs over it will consistently weigh you plus 10 lbs every single time. That does not mean that you way plus 10 lbs. So the scale is reliable (consistent in it’s testing) but not valid.

In chemical breath testing, the machine is set with a blood to breath ratio of 2100:1. This is an average ratio of the population. It is also set at a temperature of 34 degrees. It also assumes that your body is done absorbing alcohol. To arrive at it’s number for you (and many other people) this may be like the scale set to plus 10 lbs. In the chemical breath test situation, this may be like adding .03 BAC to .05 BAC to perhaps a legal BAC under .08 BAC. 

This is an important concept for anybody facing a DWI to understand.

If you have questions about a DWI case in New York, call us:

607-229-5184

or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.


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Ithaca Watkins Glen Village Court DWI defense lawyer: Why is a New York DWAI Drugs charge so easy for the Prosecutor to Prove?

Watkins Glen Village Court, Newman & Cyr, The DWI Attorneys

Why is a New York DWAI Drugs Charge so easy for the prosecution to prove?

New York State criminal law has an offense called DWAI drugs (driving while impaired by drugs) section of vehicle and traffic law 1192 (4).  This is really driving while under the influence of any drugs other than alcohol.

1192 (4) is prosecuted by showing that you consumed a drug, and that that drug actually impaired your ability to operate a car. We must always look at New York State’s definition of each crime for understanding what exactly needs to be shown to a judge or a jury to define actual impairment.

New York DWAI Criminal Jury Instructions define the charge of driving a motor vehicle while ability impaired by drugs, by stating what the Court gives the jury to define as impairment by alcohol and of drugs. Under NYS law both the offenses of DWAI alcohol (the non-criminal violation) VTL 1192 (1), and DWAI drugs (the criminal misdemeanor) VTL 1192 (4) define impairment exactly the same way:

Impaired Driving by Drugs and/or Alcohol

The NYS jury instructions loosely but clearly paraphrased:

Safe and prudent driving require at all times that a driver be able to think

clearly and act carefully. If a driver consumes drugs and the driver loses ANY EXTENT of his mental abilities and his physical responses BECAUSE OF the consumption of drugs, the law considers that he has operated his vehicle while under the influence of a drug or drugs.

The key words here are "to any extent" loses mental abilities and physical responses they are expected to have as reasonable, safe, and prudent drivers.

New York Criminal Jury Instructions, DWAI Drugs VTL § 1192(4).

A good defense argument may lie in showing no loss of mental abilities and excellent cognition. This may defeat the proving of loss of both a driver’s mental abilities and physical responses.

In light of the subjective nature of police field side sobriety testing which we like to call the roadside agility maneuvers. Even if the police report uncoordinated physical responses to their directions or instructions there may be other reasons besides drugs to account for this.

Many people typically feel nervous, anxious, and scared when under police observation and interrogation. Many people also are naturally uncoordinated, and may have a medical history which may mimic the effect of drug influence.

If you have questions about a DWAI Drug charge or other DWI case in New York, call us:
607-229-5184

or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.


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Ithaca Elmira Criminal Defense lawyer: What are the TWO Main Penalties for a DWI Refusal in New York State?

What are the TWO Main Penalties

for a DWI Refusal in New York State?

This video is about the New York DWI refusal case and the two main penalties of that refusal. Refusals come in two forms: express and constructive (where the police feel your effort was inadequate). 

If you refuse the police request to give a sample of your breath, blood, or urine you will be marked as a DWI refusal. 

Your refusal triggers two main punishments: 

1) a license revocation of one year (and a hearing on that issue) and...

2)  a judge's instruction to a jury that the reason for your refusal was that you had a guilty conscious. 

New York DWI and DWAI drugs criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.


Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

If you have questions about a REFUSAL DWI or other DWI case in New York, call us:
607-229-5184

or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.


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Ithaca Watkins Glen DWI lawyer: Can you get a New York DWI while Sitting on a Motorcycle?

Lake Cayuga viewed from shores of Stewart Park, Ithaca, NY -
NEWMAN & CYR, The DWI Attorneys

CAN YOU GET A NEW YORK DWI

WHILE SITTING ON A MOTORCYCLE?

Riding a motorcycle while drink or high and getting stopped for erratic riding or an accident is one way to get a DWI charge. But a more frightening and unexpected way to get arrested for DWI can happen while even just sitting on your bike...

New York Driving or Riding Means Operation

Yes, New York is one of those states where the definition of operation doesn't just mean controlling and moving a car, motorcycle, or truck. It can include sitting in or on a motorcycle or car with the intent to move or even circumstantial evidence of having operated it or even intending to operate it.

Circumstantial Evidence of Operation is Legal in New York DWI

In some states like Florida, a police officer needs to witness a misdemeanor level offense. In fact in Florida DUI cases where the prosecution try to present circumstantial evidence of operation to prove the D in DUI will be tossed out by the judge. 

New York state allows lay (not law enforcement) people testify that they saw you drive or even saw you walk drunk or high to your car or bike. It allows the police to say that they felt your engine or hood and that it was hot. New York allows circumstantial (not direct) evidence of operation.  

Limited Circumstantial Evidence of Motorcycle Operation is Enough  

Which all brings us to the New York Motorcycle DWI case of People v. Shaffer. In this case, a NYS trooper saw a guy just sitting on a motorcycle, and arrested him for DWI. I know it sounds crazy, but all the judges, (and there were many) agreed that in this situation, and with this set of facts the police were well within their legal right to arrest Mr. Shaffer for DWI. This was in spite of the fact that neither the police nor anyone else saw him ride his bike at all.

These are the facts of this non-moving Motorcycle DWI case:

-Shaffer was just sitting on his motorcycle 
-Bike was not running
-The key was in the ignition
-Shaffer had his helmet on
-Shaffer had his kickstand up
-The motorcycle was facing the wrong way on a one way street

Shaffer Admitted Operation

The police had a reason to check on Shaffer, facing the wrong way on a one-way street is probable cause to check him out. Shaffer's biggest mistake was admitting to the trooper he had just ridden his motorcycle. Now when it came to arresting him for DWI it didn't help that he smelled of alcohol, had bloodshot eyes, and was slurring his speech. But what if Shaffer had not admitted operation, would the police still have the D in DWI? We think not.

In every DWI situation, the facts are a little bit different. In this motorcycle DWI case, even without proof of operation, the judges all the way up to the appellate level felt that the police acted appropriately. Every DWI case requires proof (evidence) for the stop of the motorcycle, proof for the DWI arrest, and most of all proof beyond a reasonable doubt to find you guilty of the crime of DWI. 

The question will always be "whether the prosecution has enough proof, has enough evidence to prove each and every aspect of their DWI case to the beyond a reasonable doubt standard." This type of weak evidence should always be challenged --especially if they try to prove someone guilty of the crime of DWI by circumstantial evidence.

If you have questions about a motorcycle DWI or other DWI case in New York, call us:
607-229-5184

or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.


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