Policy Text
Policy
613Fremont Police Department
Use of Cell-Site Simulator Technology
613.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance and establish common principles for use of
cell- site simulators. This policy also identifies practices that will be implemented by the Fremont
Police Department to ensure privacy protections for all individuals. Cell-site simulator technology
provides valuable assistance in support of important public safety objectives. This technology will
only be utilized as outlined by the Alameda County District Attorney’s Policy for Use of Cell- Site
Simulator Technology. The Fremont Police Department will use cell-site simulators in a manner
that is in full accordance with the requirements and protections of the Constitution, including the
Fourth Amendment, and applicable statutory authorities, including Penal Code Sections 638.52
and 638.53 (Pen Register Statute), Penal Code Section 1546.1 (Electronic Communications
Privacy Act) and Government Code Section 53166 (Senate Bill 741, Acts 2015).
613.2 POLICY
Any information resulting from the use of cell-site simulators must be handled in a way
that is consistent with the array of applicable statutes, regulations, and policies that guide
law enforcement in how it may and may not collect, retain, and disclose data. With the
approval of the Fremont City Council, the City of Fremont entered into a memorandum of
understanding (MOU) with the Alameda County District Attorney’s Office (ACDA) to use cell-
site simulator technology. The MOU outlines program responsibilities, equipment oversight,
deployment guidelines, applicable laws, data collection/retention restrictions and the parameters
of sharing information. The City of Fremont Police Department will adhere to the terms of
the MOU. The Fremont Police Department will follow the guidelines set forth in the Alameda
County District Attorney’s Office “Use of Cell- Site Simulator Technology Policy”, referenced as
APPENDIX A of this document, and found on the Alameda County District Attorney’s Office
website (www.alcoda.org) per the requirements of Senate Bill 741.
613.3 AUTHORIZED USE
Cell-site simulator technology will be operated only by sworn peace officers as defined by
California Penal Code section 830.1. The technology may be deployed as part of a fugitive
apprehension effort for serious and/or violent offenders, to locate missing at-risk persons, or to
provide search and rescue support in a natural disaster and emergencies. Cell-site simulator
technology will be utilized when authorized by a search warrant. The technology may be used
in exigent circumstances without a warrant for situations that require immediate deployment to
prevent loss of life or serious bodily injury. These situations could include at-risk missing person
investigations, emergency criminal apprehension operations, abductions, and other search and
rescue operations. A search warrant must be obtained within 72 hours when cell-site simulator
technology is deployed in exigent circumstances. Personnel must be authorized to operate the
equipment by the Alameda County District Attorney’s Office and the Fremont Police Chief (or
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Fremont Police Department
Use of Cell-Site Simulator Technology
designee). Request for use of cell-site simulator technology by FPD personnel must be approved
by the Special Operations Division Commander (or authorized designee) prior to deployment.
613.4 TRAINING
Authorized personnel will receive training by a qualified and approved expert as set by the District
Attorney’s Office.
613.5 AUDITS, MONITORING, DATA COLLECTION, AND DISPOSAL
The Fremont Police Department is committed to ensuring that law enforcement practices
concerning the collection or retention of data are lawful, and appropriately respect the important
privacy interests of individuals. As a part of this commitment, the Fremont Police Department shall
follow guidelines set forth in the Alameda County District Attorney’s Policy of Use of Cell-Site
Simulator Technology, section V. (www.alcoda.org).
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