Chicago PD Defends Secrecy of Stingray Cell Simulator Locations

The department argued that the tech falls under exemption for specialized policing techniques that are generally not known to the public.

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(TNS) — The Chicago Police Department filed a motion to dismiss a lawsuit over information about a secret cellular tracking system, arguing that some of the information is exempt from being disclosed to the public.

CPD defended its secrecy around the use of cell site simulators Monday in front of Judge Kathleen Kennedy at Cook County Circuit Court, saying the technology falls under exemption for unique and specialized policing techniques that are generally not known to the public.

The cell site simulators, sometimes known as Stingray devices, can scan cellphones for call logs and text messages. Police departments in at least 15 states have cell site simulators, according to the American Civil Liberties Union, which has been involved in several lawsuits aimed at releasing public documents connected to Stingray use.

Freddy Martinez, a local activist, sued the department last year to force the release of documents related to the purchase of the simulators after his Freedom of Information Act request was ignored. State law dictates all expenditures of public funds are subject to open record laws.

"It's a FOIA suit to release information that we think would be important for people to know so that we can have a debate about the constitutional implications of it," said Matthew Topic, Martinez's lawyer. "We brought the case because we feel confident that these records are not exempt."

CPD lawyer Jeffrey Perconte said police searched the technology lab where the devices are maintained and operated for applicable paperwork and responded accordingly.

Perconte emphasized that the devices are part of a specialized investigative technique that is meant to be kept secret because of confidentiality agreements with the manufacturer and the FBI. Also, more information about the technique would help individuals with criminal intent circumvent it.

Topic said the department has given them some records in response to previous requests about what equipment the department has purchased, but there are still missing pieces. He argued that the vast majority of the information would be basic, not specific.

"The request here that we're really trying to get at is records that would show the types of cases that are using the equipment," Topic said. "Has there been a constitutional analysis? And I think one of the most important things is what happens to the data that gets collected? Is it stored? Is it kept? Purged?"

Kennedy, who was mostly silent during each lawyer's arguments, said she will make a ruling Jan. 11.

©2015 the Chicago Tribune, Distributed by Tribune Content Agency, LLC.

 

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