Los Angeles Times

Official calls suit meritless

Sacramento County sheriff defends handling of cellphone surveillan­ce records.

- By Richard Winton richard.winton@latimes.com

Sacramento County Sheriff Scott Jones said that an ACLU lawsuit alleging he withheld records about a surveillan­ce tool that allows law enforcemen­t agencies to easily track a suspect’s phone is meritless.

Jones said he complied with California’s Public Records Act and provided what he was legally required to disclose to the civil liberties group.

The American Civil Liberties Union of Southern California filed court papers last week alleging that the Anaheim Police Department and Sacramento County Sheriff’s Department failed to turn over documents the ACLU had requested last summer demonstrat­ing their use of Sting-Ray technology or similar devices.

The small, suitcase-size device acts like a miniature cellphone tower and sends out a signal that tricks a cellphone into transmitti­ng back its identity and data. The technology not only captures informatio­n from a suspect’s phone but also from all cellphones in the area.

Jones said in a statement that he withheld documents from the ACLU that the federal government requires be kept secret.

“I have made public statements in the past that this technology comes from the federal government with a strict confidenti­ality agreement, which precludes me from talking publicly about it or its capabiliti­es,” Jones said.

In legal papers filed Tuesday, the ACLU described the Sting-Ray as operating in “a sweeping dragnet manner”; it is not only able to capture the identity of the phone user but in some cases also the content of calls and messages, according to the lawsuits. “Sting-Rays are capable of invading the privacy of innocent Americans, so the public must be able to monitor how law enforcemen­t agencies use them,” said Peter Bibring, director of police practices for the ACLU of Southern California. “The police cannot adopt a new, invasive surveillan­ce technology without any kind of public oversight or accountabi­lity.”

Anaheim police officials say they do not comment on pending litigation.

The devices have been used in one form or another since the 1990s. The secrecy surroundin­g them and what exactly they capture has led to litigation across the country by organizati­ons and individual­s seeking to learn more.

In prior cases, federal authoritie­s have insisted that though the technology connects with phones, it is not used to gather calls or texts. Some officials have argued that law enforcemen­t agencies don’t need a search warrant to use devices like the Sting Ray, though some department­s say they do obtain warrants before using them.

As many as four dozen federal and local agencies have acknowledg­ed using the devices, according to prior litigation and public records.

In the ACLU’s most recent litigation, the organizati­on requested contracts or agreements by law enforcemen­t with the Florida-based manufactur­er of Sting-Rays — Harris Corp. — as well as any judicial authorizat­ions for the use of the Sting Ray, data-sharing policies and funding requests.

According to the ACLU’s legal papers, the Sacramento sheriff’s office initially denied access to documents before providing five redacted documents. The department cited the Homeland Security Act and the Arms Export Control Act as reasons for withholdin­g other records.

In Anaheim, the Police Department refused to produce those records, citing, among other things, the trade-secret privilege as support for its position that the documents requested by the ACLU are exempt from disclosure, according to the ACLU’s court filing.

 ?? Randall Benton
Sacramento Bee ?? SHERIFF SCOTT JONES said in a statement that he withheld documents from the ACLU that the federal government requires be kept secret.
Randall Benton Sacramento Bee SHERIFF SCOTT JONES said in a statement that he withheld documents from the ACLU that the federal government requires be kept secret.
 ?? Francine Orr
Los Angeles Times ?? THE SUIT also names the Anaheim Police Department, led by Chief Raul Quezada, left.
Francine Orr Los Angeles Times THE SUIT also names the Anaheim Police Department, led by Chief Raul Quezada, left.

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