Policy Text
Impact Division Page 1 of 4 2/05 (New 4/16)
Radio Frequency Measu rement Equipment
The purpose of this Order is to memorialize policy and procedur es for the use of Radio
Frequency Measurement Equipment (RF Equipment) such as cellular site simulators.
I. Policy
A. The use of RF Equipment shall occur only when judicially aut horized.
B. In all cases, use of RF Equi pment, including cellular site s imulators, shall be
reasonable and reflect a level o f necessity that balances publi c safety and the
safety of officers with the safe ty and privacy of involved, or uninvolved,
civilians.
C. The Sacramento County Sheri ff’s Department (Department) shal l delete all
RF Equipment data at the c onclusion of each use.
D. The Division Commander, or des ignee, must authorize any use of RF
Equipment.
II. Procedures
A. The use of RF Equipment tec hnology is permitted only as auth orized by
law and policy.
B. The party desiring to use R F Equipment shall author a reques t for judicial
authorization.
1. The request for judicial aut horization shall include:
a. An advisement that the RF E quipment will send signals to all
cellular devices withi n range which will cause the devices to
emit unique identifiers.
b. An advisement when the int ent is to determine unique
identifiers at multiple locati ons and/or multiple times.
c. An advisement that all data co llected during use of the RF
Equipment will be del eted at the conclusion of the use.
Impact Division Page 2 of 4 2/05 (New 4/16) 2. As a means of protecting inve stigative integrity and operati onal
capabilities of the RF Equi pment, the author shall:
a. Request the court order that all papers in support of any
application for judicial aut horization be sealed unless
otherwise ordered.
b. Address privileged informati on as it relates to California
Evidence Code 1040.
C. Exigent Circumstances
1. As an exception to the general requirement that use of RF
Equipment shall occur only when j udicially authorized, use with out
judicial authorization may occu r in exigent circumstances.
Examples of exigent circumstances may include, but are not limi ted
to the following: a. Missing persons
b. Disaster response
c. Any circumstance where death or great bodily injury may be
imminent.
2. The use of RF Equipment in ex igent circumstances requires
evaluation of four factors:
a. Magnitude: If the use of RF Equipment does not occur is
there a potential loss of lif e or great bodily injury?
b. Probability: If the use of RF Equipment does not occur is
there a greater probability t he potential harm may occur?
c. Imminent: Is the probability and magnitude of harm an
imminent consideration?
d. Less Intrusive: Is there an al ternative that addresses the
previous three elements and is less intrusive?
3. In exigent circumstances, t he Commander with authority over use
of the RF Equipment shall: a. Advise the Chief Deputy of Fie ld Services regarding the use
of RF Equipment.
b. Identify the justifications for not obtaining judicial
authorization.
Impact Division Page 3 of 4 2/05 (New 4/16) D. Operation of Equipment
1. RF Equipment data shall no t be used to support probable caus e for
a search warrant or arrest. Of ficers from the Department and al lied
agencies shall develop independen t probable cause for any searc h
warrant or arrest.
2. Only sworn law enforcement personnel will oper ate RF Equipme nt.
3. Training for the equipment s hall include, at the minimum, a basic
operator course approved by the manufacturer.
4. All operators must complete the following United States
Department of Justice Bureau o f Justice Assistance Center for
Task Force Leadership and Integrity
a. Criminal Intelligence System s Operating Polices (28 CFR
Part 23).
b. Safeguarding Privacy, Civil Ri ghts, and Civil Liberties in
Task Force Operations
5. Any Sheriff’s Department Manager associated with supervising RF
Equipment must complete the sa me annual classes as an operator
and the following courses:
a. Task Force Commander Leadership and Management
Training
b. Executive Leadership
E. Assisting Allied Agencies
1. The Department may assist any Federal, State, or local law
enforcement agency after the re questor provides the following
information: a. A copy of the signed judicial authorization as may be
necessary under the circumstances.
b. A summary of the need for assistance. The summary should
address how alternative investi gative procedures have failed
or are unlikely to succeed and/or why alternative procedures excessively impair public safety or are excessively dangerous for personnel.
2. Prior to the Department assist ing allied agencies, such agen cies
will be notified that informati on collected shall not be used t o
Impact Division Page 4 of 4 2/05 (New 4/16) support probable cause and that i ndependent probable cause must
be developed.
III. Disclosure of Information and Records
A. No member of the Sacramento County Sheriff’s Department shal l disclose
operational capabilities of RF Equipment.
B. No member of the Sacramento County Sheriff’s Department shal l disclose
RF Equipment information or recor ds subject to privilege or oth erwise
exempt from disclosure under law.
References: California Evidence