Cellular Communications Interception Technology and Privacy

Question 1

What is the purpose of the policy regarding cellular site simulator technology?

Answer 1

To set guidelines and requirements for the usage of cellular site simulator technology and wiretap technology in compliance with Government Code § 53166.

Question 2

Define Cellular Communications Interception Technology (CCIT).

Answer 2

Any device that intercepts mobile telephony calling information or content, including an international mobile subscriber identity catcher or other virtual base transceiver station that masquerades as a cellular station.

Question 3

What must members utilizing CCIT adhere to?

Answer 3

The United States Constitution, including the First and Fourth Amendments, the California Constitution, and all applicable laws.

Question 4

Under what circumstances can CCIT be employed?

Answer 4

With a valid court order or search warrant, or for an identified exigency.

Question 5

What is the time frame for seeking a warrant after using CCIT?

Answer 5

No later than 48 hours after use.

Question 6

List the authorized purposes for using cellular site simulator technology.

Answer 6

• Locate missing persons
• Locate victims of mass casualty incidents
• Assist in criminal investigations
• Apprehend fugitives

Question 7

What activities should not be targeted by the cellular site simulator?

Answer 7

First Amendment activities, such as protests and gatherings at places of worship.

Question 8

What crimes can wiretap technology be used to investigate?

Answer 8

• Murder and solicitation to commit murder
• Felony involving a destructive device
• Felony violation related to weapons of mass destruction
• Felony criminal street gang offenses
• Importation, possession for sale, transportation, manufacture, or sale of controlled substances
• Human trafficking offenses

Question 9

Who is responsible for the operation, security, and maintenance of department CCIT?

Answer 9

The Ceasefire Section.

Question 10

What training must members complete to be designated as authorized users of CCIT?

Answer 10

• California Department of Justice Electronic Surveillance course
• This policy
• Specific technology training from a subject matter expert

Question 11

Who must authorize the use of CCIT?

Answer 11

The Ceasefire Section Manager or designee.

Question 12

How often must the Investigations Division Commander conduct reviews of the CCIT log?

Answer 12

Every six months.

Question 13

What must be done if the use of CCIT results in erroneous information?

Answer 13

The operating member shall notify the Ceasefire Section Manager as soon as practicable.

Question 14

Does the Stockton Police Department have any memorandum of understanding with another agency regarding CCIT?

Answer 14

No.

Question 15

What is required for an outside agency to request the use of department CCIT?

Answer 15

The request must be forwarded to the Ceasefire Section Manager or their designee for approval.

Question 16

What conditions must be observed when sharing information obtained from CCIT with outside agencies?

Answer 16

The recipient agency must prevent unauthorized use, retain information, and destroy information as required.

Question 17

How should wire and electronic communications intercepted with CCIT be retained?

Answer 17

In accordance with any applicable retention schedule.