RES-2020-046RESOLUTION NO. 2020-046
A RESOLUTION OF THE CITY OF ANAHEIM APPROVING THE
ACQUISITION OF, AND USAGE AND PRIVACY POLICY
RELATED TO, CELLULAR COMMUNICATION INTERCEPTION
TECHNOLOGY EQUIPMENT
WHEREAS, cellular communications interception technology exists and provides valuable
assistance in support of important public safety objectives when deployed as part of response to
emergency situations such as to locate at -risk persons or missing children, or as part of a criminal
apprehension effort;
WHEREAS, California Government Code Section 53166, subdivision (c) (1), requires that
"cellular communications interception technology shall not be acquired by a local agency unless approved
by its legislative body by adoption, at a regularly public meeting held pursuant to the Ralph M. Brown
Act [... ], of a resolution or ordinance authorizing that acquisition and the usage and privacy policy
required by this section";
WHEREAS, the City of Anaheim desires to acquire cellular communication interception
technology and the contract for the purchase of such equipment is agendized for approval by the City
Council; and
WHEREAS, the use of this technology is employed by the City of Anaheim after a search warrant
is obtained, or in exigent circumstances, and in a manner consistent with the requirements and protections
of applicable statutes, regulations, and policies;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
The City of Anaheim's acquisition of cellular communications interception technology is
hereby approved; and
The attached Cellular Site Simulator Technology policy is hereby adopted.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 9`h day of June, 2020, by the following roll call vote:
AYES -.-Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: Council Member Moreno
CITY OFAANAHEIM
ATTEST:
._Y CLERK OP THE CITY OF ANAHEIM
ANAHEIM
Anaheim Police Department
Anaheim PD Policy Manual
Cellular Site Simulator Technology
428.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use of cellular communications
interception technology.
Cellular site simulator technology ("CSST") provides valuable assistance `in support of important
public safety objectives. Whether deployed as part of a felony fugitive apprehension effort,
terrorism investigation, or to locate and rescue a kidnap victim or at -risk missing person, CSST
fulfills critical operational needs.
428.2 POLICY
(a) Except as provided in Section 428.4, the use of the CSST shall only occur after a
search warrant is obtained.
(b) In all cases, use of CSST shall be reasonable and reflect a level of necessity that
balances public safety and the safety of officers with the safety and privacy of
involved and uninvolved civilians. The Division Commander shall periodically review
the uses of the equipment to ensure the accuracy of the information collected and
that it is being used in accordance with applicable law and this policy.
(c) The Anaheim Police Department shall delete all CSST data at the conclusion of the
investigation for which it is gathered.
428.3 DEPLOYMENT
(a) CSST must be used in a manner that is consistent with the requirements and
protections of the Constitution, including the Fourth Amendment and applicable
statutory authorities. Moreover, any information resulting from the use of cellular site
simulators must be handled in a way that is consistent with the array of applicable
statutes, regulations, and policies that guide law-enforcement and how it may and
may not collect, retain, and disclose data.
(b) Use of CSST and collection of information from that use is authorized only for the
purpose of locating persons in connection with a pending law enforcement
investigation.
(c) Except as provided in Section 428.4, the party desiring to use CSST shall obtain a
search warrant prior to its use.
1. The search warrant shall include:
(a) An advisement that cellular site simulators send signals to all cellular devices
within range which will cause the devices to emit unique identifiers.
Copyright Lebpol, LLC 2020/04/13, Ali Rights Reserved. Cellular Site Simulator Technology -1
Published with permission by Anaheim Police Department
Anaheim Police Department
Anaheim PD Policy Manual
Cellular Site Simulator Technology
(b) An advisement when the intent is to determine unique identifiers at multiple
locations and/or multiple times.
(c) An advisement that all data collected during use of CSST will be deleted at
the conclusion of the use.
2. As a means of protecting investigative integrity and operational capabilities of
CSST, the author shall:
(a) Request that the court order and all papers in support of any search warrant
application be sealed unless otherwise order.
(b) Address privileged information as it relates to California Evidence Code
1040.
428.4 DEPLOYMENT - EXIGENT CIRCUMSTANCES
(a) As an exception to the general requirement that use of CSST shall occur only in
circumstances where a search warrant has been obtained, use without a search
warrant may occur in exigent circumstances. Examples of exigent circumstances
may include, but are not limited to the following:
1. Missing persons
2. Disaster response
3. Any circumstance where there is an imminent risk of death or great bodily injury
occurring
(b) In exigent circumstances, the Unit Sergeant with authority over use of CSST shall:
1. Advise the Section Lieutenant regarding the use of CSST.
2. Identify the facts and reasoning for not obtaining a search warrant. In most cases
of exigent circumstances, a search warrant will be obtained within three (3) days
of use of the equipment and will be completed in accordance with the
requirements set forth in Section 428.3(c).
428.5 OPERATION OF EQUIPMENT
(a) CSST data shall not be used to support probable cause for an arrest warrant.
Officers from the department and allied agencies shall develop independent probable
cause for any arrest warrant.
(b) Only trained, sworn, Anaheim police officers will operate CSST. A minimum of 40
hours of training specific to the cellular site simulator being operated is required.
Copyright Leppol, LLC 2020/04/13, All Rights Reserved. Cellular Site .Simulator Technology - 2
Published with permission by Anaheim Police Department
Anaheim Police Department
Anaheim PD Policy Manual
Cellular Site Simulator Technology
428.6 ASSISTING OUTSIDE AGENCIES
(a) The Anaheim Police Department may assist any federal, state, or local law
enforcement agency, for the purpose of locating persons in connection with a
pending law enforcement investigation, by sharing data obtained from the use of
CSST, after the requestor provides the following information:
1. A copy of a signed search warrant as described in Section 428.3(c), or statement
of exigent circumstances as described in Section 428.4(a).
2. A summary of the need for assistance. The summary should address how
alternative investigative procedures have failed or are unlikely to succeed and/or
why alternative procedures excessively impair public safety or are overly
dangerous to personnel.
(b) Prior to the Department assisting outside agencies, such agencies will be notified
that information collected shall not be used to support probable cause for.arrest and
that independent probable cause for arrest must be developed.
428.7 DISCLOSURE OF INFORMATION AND RECORDS
No member of the Anaheim Police Department shall disclose CSST information or records that
are privileged or otherwise exempt from disclosure under applicable law.
Copyright Lebpol, LLC 2020/04/13, All Rights Reserved. Cellular Site Simulator Technology - 3
Published with permission by Anaheim Police Department
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-046 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 9th day of June, 2020 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring and O'Neil
NOES: None
ABSENT: None
ABSTAIN: Council Member Moreno
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020.
TY CLERK OF THE CI Y OF ANAHEIM
(SEAL)