34121366.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-80 GENERAL ORDER RESCINDS: E-51 (6/13/18) SUBJECT: Cell Phone & Internet Enabled Device Geolocation EFFECTIVE: September 20, 2016 REVISED: June 13, 2018 Table of Contents: I. Purpose II. Scope III. Definitions IV. Procedures for E911/PSAP V. Locating Cellular Phones & Internet Enabled Devises as a Pen Register/Trap and Trace or Wiretap Request During an Emergency Under an Exigent Circumstance Theory VI. Warrant or Court Order Procurement VII. Voluntary Disclosure by Provider Pursuant to F.S. 934.22 & Subscriber Consent I. PURPOSE: This directive establishes the legality of, and directs the procedures for, obtaining live, real-time geolocation data from service providers for cellular phone and internet enabled devices. II. SCOPE: All employees involved in law enforcement investigations who seek to obtain live, real-time geolocation data from service providers for cellular phone or internet enabled devices shall abide by this policy. For the purposes of this directive, the term TSU refers to personnel assigned to the Sheriff’s Office Technical Support Unit and/or the Florida Department of Law Enforcement Electronic Surveillance Support Team (ESST). III. DEFINITIONS: A. Device: A device is any electronic tool that has the ability to communicate with cell towers, Wi-Fi networks, or the Internet. B. Enhanced 911 (E911): An emergency telephone system or service that provides a subscriber with 911 service and directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated, or as otherwise provided in the state plan under Section 365.171, and that provides for automatic number identification and automatic location- identification features. GENERAL ORDER Cell Phone & Internet Enabled Device Geolocation G-80 Page 1 of 10\n\n--- Page 2 ---\n\nC. Geolocation: The ability to locate a device based upon data obtained from an actual cellular phone or internet enabled device, or a service provider’s records for such a device. D. Pen Register: An electronic device that decodes or records electronic impulses, allowing outgoing numbers from a telephone to be identified. Essentially it is a device that records all numbers dialed from a particular telephone line. E. Public Safety Answering Point (PSAP): The division within a public safety agency that receives incoming 911 calls for assistance and dispatches appropriate public safety personnel to respond to the requests in accordance with the state’s E911 system plan. F. Trap and Trace: A device that shows numbers had called a specific telephone, i.e., all incoming phone numbers. A pen register rather would show what numbers a phone had called i.e., outgoing numbers dialed from a phone. When used it is most often referred to as a “pen register trap and trace.” G. Voluntary Disclosure: A method by which service providers for cellular phone and internet enabled devices can voluntarily disclose records and live, real-time geolocation data for the devices of their subscribers. H. Wiretap: The monitoring of telephone and internet communications by covert means, also known as lawful interception. IV. E911/PUBLIC SAFETY ANSWERING POINT (PSAP) PROCEDURES: A. When an individual who has called 911 using a cellular phone is the subject of an emergency and the caller needs to be located using the geolocation data for the cell phone that called 911, Florida Statutes allow the service provider for the cellular phone to provide Automatic Number Identification (ANI) and Automatic Location Identification (ALI) information to the Public Safety Answering Point (PSAP). The statutes allow PSAPs, and the agencies they serve, to gather and utilize cellular geolocation data from the cellular phone that called 911 for the duration of the emergency. B. The PSAP may access geolocation data under this method without the need for a warrant or court order. Use of E911 to locate a cell phone that called 911 is outlined in Florida Statute Chapter 365. Use of this avenue is strictly restricted and the provision may only be used if the phone being located is the cell phone/mobile device that called 911. Examples: 1. A caller dials 911 from a cell phone and states that he or she is injured or in danger. The caller does not know his/her location or is unable to provide it. 2. A caller dials 911 from a cell phone, states that that he/she will commit suicide, and then hangs up. 3. A caller dials 911 from a cell phone, states that that he/she will commit a crime, and then hangs up. 4. A caller dials 911 from a cell phone, and an argument or other situation is overheard by the 911 call taker that leads the call taker to believe there is an emergency. C. If the Communications Center has not started locating the device, deputies must determine: GENERAL ORDER Cell Phone & Internet Enabled Device Geolocation G-80 Page 2 of 10\n\n--- Page 3 ---\n\n1. The circumstances surrounding, and details from, the 911 call at issue, 2. Whether said circumstances and details support the belief that an emergency exists, and 3. Whether the emergency requires obtaining the live, real-time geolocation data for the cellular phone that the caller used to call 911. D. If each of the above three conditions exist (Section IV, C of this directive), Deputies should: 1. Notify their Supervisor of the situation. 2. Unless meaningful communications have been established with the 911 caller, have all parties cease contact with the phone in order to preserve the battery life of the device. E. Supervisors shall: 1. Confirm that the cellular phone at issue is the same cellular phone that dialed 911. 2. Assess the situation to confirm that the facts authorize obtaining information pursuant to F.S. Chapter 365. 3. Contact the Communications Center. 4. Inform the Communications Center of the circumstances. 5. Request the Communications Center obtain the live, real time geolocation data from the cellular provider for the cellular phone the caller used to call 911. 6. Confirm that the Communication Center has stopped its request for the live, real-time geolocation data from the service provider for the cellular phone at issue, once the emergency has ceased, or other circumstances dictate such a decision. V. LOCATING CELLULAR PHONES & INTERNET ENABLED DEVISES BY USE OF PEN REGISTER/TRAP AND TRACE OR WIRETAP AUTHORIZATION DURING AN EMERGENCY UNDER AN EXIGENT CIRCUMSTANCES THEORY. A. Only the Governor, the Attorney General, the statewide prosecutor, or a state attorney can determine whether facts and circumstances in a criminal investigation constitute an emergency under an exigent circumstances theory. For a situation to constitute an emergency under an exigent circumstance theory under this section, it must involve the investigation of a crime (i.e., suicide does not constitute an emergency for exigency purposes). If a Deputy encounters a situation in which he/she believes that an emergency under an exigent circumstances theory exists, and reasonably believes the subject is in possession of a cellphone or internet enabled device justifying securing the live, real-time geolocation data of a cellular telephone or internet enabled device without a warrant or court order, he/she must evaluate whether there are grounds to do so under a Pen Register/Trap and Trace request or a Wiretap request. The specific criteria for each is different. B. EMERGENCY PEN REGISTER/TRAP AND TRACE UNDER EXIGENT CIRCUMSTANCES – REQUIREMENTS: 1. Only the Governor, Attorney General, statewide prosecutor, or a state attorney, may designate a law enforcement officer to install and use a pen register or trap and trace device in an emergency situation (Fla. Stat. s. 934.31(4)(a)). GENERAL ORDER Cell Phone & Internet Enabled Device Geolocation G-80 Page 3 of 10\n\n--- Page 4 ---\n\n2. An emergency, for purposes of an emergency based Pen Register / Trap and Trace Devices is one that: in