Cell phone detectors generally fall into two categories based on the method they use to locate the devices so there is no clear winner when you pit the two against each other.
Both have their pros and cons but when you combine their effects, you get some serious cell phone detection abilities. RF detectors work by picking up the communication between the cell phone and the tower. As long as the phone is on and not in airplane mode, it transmits data periodically even when not on a call. Instant detection — An RF detector can pick up the device the instant it begins transmitting.
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Some operators have even managed to catch the phone user in the act. Cannot detect phones that are off or in airplane mode —If a phone is powered off or not transmitting, it is invisible to the detector.
Cannot detect disassembled phone parts — In some secure facilities, phones are smuggled in pieces and reassembled on the inside. These detectors locate cell phones by detecting the ferromagnetic components all phones use. They do not rely on radio waves and are ideal for finding devices that are not in use.
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Can detect phones that are off or in airplane mode — Since the detector locates phones by their physical properties, it does not require transmissions from the antenna. Can detect certain essential phone parts — Ferromagnetic detectors can find parts such as mainboards and speakers. Can distinguish between phones and other metallic objects — Ferromagnetic detectors are not fooled by other metal objects such as jewelry, buckles, clothing studs or chains.
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Can find concealed phones — Ferromagnetic detectors can locate phones hidden behind walls, under clothing or in packages, bags and other objects. Short range — Ferromagnetic detectors must come within a short distance of the phone to detect the device. The maximum range is a foot or two at most.
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Both have their place. The full panel of the Fourth Circuit U. Court of Appeals affirmed this week that law enforcement does not need a warrant to access historical CSLI.
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The ruling closes the book on what had been the most hopeful case to change the law around the data. Last August, a smaller panel from the same court ruled that authorities did need a warrant. The Sixth Circuit ruled on this issue only last month. Federal authorities working in Maryland, Virginia, West Virginia, and North Carolina can now comfortably gather this information without seeking a warrant first. Local and state police in Maryland and Virginia are more limited by state law.
Congress may act to require a warrant for CSLI. Seven federal appeals courts and most of the 51 state superior courts have yet to decide on the issue, Kerr said.
Once a single court challenges the third-party doctrine, the Supreme Court will almost certainly examine the issue fresh and not feel bound by precedent. She calls on the Graham defendants to appeal to the Supreme Court.