Warrants sought for cellphone tracking

Lawmaker wants to limit police use of cell tower simulators

Some law officers have special devices that can track cellphone usage.

And state Sen. Will Kraus wants Missouri lawmakers to make sure they don't use that equipment unless they have a warrant - unless there's an emergency.

"Cell site simulators act like a cell tower and collect data from cellphone devices within their range," Kraus, R-Lee's Summit, told the Senate's Judiciary committee members Wednesday. "These devices are important to assist law enforcement.

"However, we must balance the rights of citizens under the 4th Amendment of the U.S. Constitution, which protects us from unreasonable search and seizure."

Law officers can use the portable cell site simulators "to pinpoint the exact location of the phone and individual they are tracking," he explained.

Kraus reminded the committee that state law already prohibits intercepting phone and wire communications without a warrant, and his bill would add simulators to the same section of law.

"Warrants would not be necessary for instances such as kidnapping, hostage situations, terrorist activity and other important emergencies" such as reported suicide attempts, Kraus said.

The proposal also would allow owners of stolen phones to authorize the use of the devices to track their own phones.

Cole County Sheriff Greg White supports the bill.

"The issue is, law enforcement always has to be kept on a relatively short chain" by lawmakers and judges, he said. "It's not burdensome to us to apply for warrants.

"That gives the court the judgment of whether or not it should be issued."

The ACLU also supports Kraus's proposal.

"This is an important measure to protect the privacy and liberty of Missourians," Policy Director Sara Rossi testified. "We take the same approach to things like this that we do with things like drones - if they're going to be used, they should be used with a warrant.

"And we should get out ahead of it, before the use of them is disseminated into private citizens and folks who would monitor for nefarious purposes."

Kraus said the cell site simulators now are used primarily by law enforcement but could be used by others in the future.

White agreed.

"Right now, it's an expensive proposition anyway," White explained. "Usually we're using federal assets if we wanted to do that.

"But it will, like everything else, become cheaper."

New York and Texas already have similar laws.

The committee took no action on the bill Tuesday.