Crime

Texas City to Buy $180K Cellphone Tracker to Help ‘Combat Criminal Activity’

Fort Worth City Council Approves Purchase of Cellphone Tracking Device for Law Enforcement Use

(Photo: CellPhoneTowers.org)

The city council of Fort Worth, Texas, recently approved the purchase of a $180,000 portable system that would give law enforcement the ability to track cellphones in an effort to better “combat criminal activity,” according to the Fort Worth Star-Telegram.

This decision comes at a time when courts across the country, including the Supreme Court, are hearing cases involving the legality of warrantless tracking of subjects that are under criminal investigation. In fact, just last month the Supreme Court ruled that GPS tracking of a vehicle requires a warrant. Although it was not discussed by the high court at the time, Greg Nojeim, director of the Center for Democracy and Technology’s project on freedom, security and technology told The Blaze that requiring a warrant for GPS tracking could open the door for needing one for cellphone tracking as well.

Fort Worth City Council Approves Purchase of Cellphone Tracking Device for Law Enforcement Use

Stingray (Photo: U.S. Patent and Trademark Office)

Cellphone tracking can involve estimating a person’s whereabouts based on cellphone tower locations while they are making live calls. Vice President of Public Policy Jim Dempsey for the Center for Democracy and Technology has explained to the Blaze before that cell tower information can also be obtained from the service provider without a warrant. He said that the cell company collects this information as much as every seven seconds from the cell tower you’re connecting to, giving a fairly accurate idea of your whereabouts and movements. There is also technology, called a Stingray, which can locate phones that are just turned on — whether or not they are making a call.

(Related: Should law enforcement’s Stingray system track you without a search warrant?)

The Star-Telegram reports that the police department declined to comment on the type of technology it would be purchasing but did note it is a KingFish system by the Harris Corp. In 2010, Twin Cities IndyMedia reported a story where local government was looking to acquire a KingFish system as well. This is what it had to say about the technology:

We heard [Hennepin County Sheriff Rich] Stanek said the Feds told him he can’t talk about KingFish, even though the Minnesota Bureau of Criminal Apprehension already has one. [...] While searching KingFish system by Harris Wireless Products Group or Harris Corporation turns up very little on the Internet, a US Army Intelligence command posted notice of “sole source” contracting of the KingFish Harris system. It must really be a field-clearing, top of the line cell phone tracking system; according to the contract spec it works on CDMA and 3G systems [...]

WFAA.com reports that sales documents show the KingFish device appears to be the kind that can track cellphones even when they’re not being used. WFAA reports that the American Civil Liberties Union is tracking court cases involving KingFish devices and others by Harris:

The group is monitoring court cases for protection of privacy laws and prevention of illegal search and seizure.

The ACLU wants laws at the local level that force police to obtain a search warrant before tracking cell phones, saying it is common for police to buy new technology without public discussion.

“You shouldn’t be using cell phone tracking technology to establish probable cause,” said Catherine Crump, an ACLU technology attorney. “It’s important to have probable cause before you track, and that’s what I think one of the primary concerns with this technology is.”

Watch the WFAA report:

Fort Worth police are assuring the media that they intend to protect the Constitutional rights of citizens “by securing search warrants and court orders based on probable cause,” police Maj. Paul Henderson said in an e-mailed statement to the Star-Telegram. But citizen’s rights advocacy groups are still concerned:

It’s the “developing probable cause” part of the city’s memo that Lisa Graybill, the Texas legal director of the American Civil Liberty Union Texas, questioned Wednesday.

“You want the Police Department to develop probable cause to show that there has been a crime committed or that there is the likelihood that a crime will be committed before they use this technology,” Graybill said.

WFAA reports that defense lawyer Jerry Loftin also took interest in this phrasing:

He said he will appeal any ruling the first time he sees tracking evidence from a KingFish without a warrant.

“The Constitution says what? You are secure in your home from an ‘unreasonable search and seizure,’” Loftin said. “This is an unreasonable search and seizure where someone can follow you around and track you with a device.”

Some are also upset that purchase of the device was not debated. The Star-Telegraph reports that it was on the council’s “consent agenda” and was approved without discussion.

Still, Fort Worth Mayor Betsy Price said in an email statement to WFAA that she trusted the police department would follow the appropriate laws when using the device.

[H/T J.R. Colby Radio]

Comments (41)

  • jado1981
    Posted on February 24, 2012 at 10:15am

    I live in Fort Worth, and am embarrassed as hell about this. I read the headline and thought, maybe Houston or some horrible bastardization of Texas, surely not Fort Worth… nope! I can’t believe the council decided this was a good idea.
    -
    I will be writing the scare-telegram and the council to voice my opinion, and work to drum up support against this thing, of course, I’ll be looked at as a criminal (if you don’t have anything to hide, why fight it, right?), but this is bull. Heck, why not go one further, and have thought police just so we can stop crime before it happens, it’ll be for our “safety”.
    -
    Flabbergasted, outrage, shock, and speechlessness are the only things I feel about this. This is truly pathetic.

    Report Post »  
  • pamela kay
    Posted on February 24, 2012 at 7:12am

    I am glad that I don’t have one though all of my family and friends do. This administration will stop at nothing to rape us of our privacy. I have to wonder if privacy exist at all any more.

    Report Post » pamela kay  
  • Mary Just
    Posted on February 23, 2012 at 10:28pm

    Further proof on what total and absolute cowards Americans are

    Report Post »  
  • suz
    Posted on February 23, 2012 at 7:31pm

    it’s not just “important” you idiots, it’s the law.

    Report Post » suz  
  • girlnurse
    Posted on February 23, 2012 at 6:19pm

    AS IF they don’t/can’t track you NOW by your cell phone! We are on a big prison planet guys…

    Report Post » girlnurse  
  • lukerw
    Posted on February 23, 2012 at 4:37pm

    The GESTAPO is here… for Your Protection!

    Now, you know how the Nazi’s took over Germany before WWII!

    Report Post » lukerw  
    • Ruler4You
      Posted on February 23, 2012 at 5:15pm

      When those go in locally, I’ll be going back to a land line, exclusively. I have no reason to tolerate suspicion from the terminally suspicious. Period.

      Report Post » Ruler4You  
  • Baddoggy
    Posted on February 23, 2012 at 4:00pm

    The 4th ammendment…a good piece of paper to wipe your backside with I guess…
    Why not, the rest of the Constitution means nothing either…

    Report Post » Baddoggy  
  • MittensKittens
    Posted on February 23, 2012 at 3:52pm

    TEXAS CITY TO BUY $180K CELLPHONE TRACKER TO HELP ‘COMBAT CRIMINAL ACTIVITY’

    …and spy on citizens too! (they just forgot to add that)

    Report Post » MittensKittens  
  • M24
    Posted on February 23, 2012 at 2:37pm

    SECURE OUR BORDERS No Need To Track Cell Phones Stay Out Of My Privacy !!!!!

    Report Post »  
  • Lesbian Packing Hollow Points
    Posted on February 23, 2012 at 2:36pm

    We won’t use it without a warrant except in cases of dire emergency… WE PROMISE! Yeah. Right.

    Reason No. 54 why I’ll never own a cell phone.

    Report Post » Lesbian Packing Hollow Points  
    • TomFerrari
      Posted on February 23, 2012 at 3:11pm

      Right attitude, @lesbian…
      kind of like eric holder saying, OOPS, last week, adding, “we must have got lazy,” [and stopped keeping records of wiretapping and surveillance.]

      With the “patriot Act,” they can claim PREVENTATIVE emergency actions.

      Time to take America back to her FOUNDATION. Rip off all these monsterous, non-permitted additions, and restore her shining glory of FREEDOM and LIBERTY!

      Report Post » TomFerrari  
    • DTOM_Jericho (Creator vindicator)
      Posted on February 23, 2012 at 4:19pm

      There is an easy way around this and you can still own a phone. It’s simple, cheap and all you need is a Walmart.

      Report Post » DTOM_Jericho (Creator vindicator)  
    • girlnurse
      Posted on February 23, 2012 at 6:31pm

      JERICHO: Im sure they still have a way to track them. Have you ever bought one of those Walmart cards where you can add money to a Visa??? Hahaha I didn’t want to use my regular cc online so I bought one…..I thought they were going to require me give them my firstborn….I have never been asked so many questions in my life! Name, SS#, address, e-mail address, phone#….lol….I would LOVE to get OUT of the Matrix!

      Report Post » girlnurse  
    • Lesbian Packing Hollow Points
      Posted on February 23, 2012 at 9:17pm

      Even with a prepaid phone bought with cash from Wal-Mart with a hardware SPST switch on the battery line, I still wouldn’t have it. Too much trouble and expense for what it does and too easy to screw up and leave it powered when you are home.

      On or off, the “authorities” can track your movements with an energized cell phone, and most models will allow them to open up the mic and listen to what’s going on in your environs without any visual indication. Some models, they can even snap pics of your environs without any visual indication.

      They’re not cell phones that happen to have digital camera capabilities. They are self-bugging devices that happen to make phone calls.

      Report Post » Lesbian Packing Hollow Points  
  • cranberry
    Posted on February 23, 2012 at 2:14pm

    So if someone steals my phone, and i report it to the police, they will go after the criminal and get it back for me right? that’s what i thought. nope.;

    Report Post » cranberry  
    • Exiled
      Posted on February 24, 2012 at 3:21am

      Actually, that happens quite frequently. It‘s not law enforcement that won’t try to get it, though. It’s the cell companies. Without a warrant (without a suspect, who would we get a warrant for?), the cell companies won’t release any information, even if the phone has been reported as stolen.

      Report Post »  
  • THX-1138
    Posted on February 23, 2012 at 2:11pm

    You can always catch the stupid criminals that use unsecured communication channels by violating the rights of the other 99% of the population.

    You will almost *never* catch a professional because he uses encryption and secure methods.

    This is not an attempt to stop (significant) criminal activity, it’s a bare faced attempt by the government to violate/bypass/destroy the fourth ammendment rights of every American citizen.

    Revolution anyone? It’s either now or later (when they are even more skilled at crushing the opposition)…

    Report Post » THX-1138  
  • SpankDaMonkey
    Posted on February 23, 2012 at 2:07pm

    .
    Oh Big Brother Where Art Tho?………..

    Report Post » SpankDaMonkey  
  • SychinLegacy
    Posted on February 23, 2012 at 2:04pm

    Don’t worry everyone. This is just the starting phase of the progressive police state. Bill of rights be damned.

    Report Post » SychinLegacy  
  • Anonymous T. Irrelevant
    Posted on February 23, 2012 at 2:01pm

    My question is, how do they determine if a criminal is using a cell phone, or how they even get his number? Will they be eavesdropping on cell calls to see who is breaking the law? $180,000 could go towards better crime-fighting tools than a cell tracker. In this day and age, when smaller police departments have to make do with older cars, Ft. Worth is buying THIS?

    Report Post » Anonymous T. Irrelevant  
  • Mateytwo Barreett
    Posted on February 23, 2012 at 2:00pm

    SSSOooo If one were to have the majority of the omnidirectioanls face south, is Holder going to get involoved??

    Report Post » Mateytwo Barreett  
  • lisa2994
    Posted on February 23, 2012 at 1:41pm

    I also hate when I see cameras all over the place in the city I live in. My state is becoming too big brother for me!

    Report Post » lisa2994  
  • Truth1776
    Posted on February 23, 2012 at 1:36pm

    Big brother is alive and well in Ft. Worth!

    Personally, I would like to see us dump all GPS garbage. I still have a brain and know how to read a paper map, follow verbal directions, and know which way north, south, east and west are. I don’t need and do not use any GPS program. My car is old enough it does not have GPS installed and if I coulld still purchase a cell phone without GPS – I would. Nobody needs to know where I am except me and God. When I used to go hiking by myself in the mountains, I always knew where I was, conture maps and the sun were all I needed.

    I have 3 flesh and blood older brothers and they are all the big brothers I need!

    Report Post » Truth1776  
  • Gary_K
    Posted on February 23, 2012 at 1:35pm

    You can run but you cannot hide from our run away government.

    Report Post »  
  • ThePostman
    Posted on February 23, 2012 at 1:28pm

    Hopefully, we will be able to use this technology to track members of the government as they go about their criminal business.

    Report Post »  
  • Saltygi
    Posted on February 23, 2012 at 1:19pm

    Unconstitutional and should be fought by everyone in Ft Worth as they will have standing in court (if they have a cell).

    Report Post »  
    • Mikev5
      Posted on February 23, 2012 at 1:44pm

      I agree 100% this is wrong stripping our protection to catch criminals sounds good but it removes our privacy protections for everyone not just the criminals.

      This is bad

      Report Post » Mikev5  
  • TOMSERVO
    Posted on February 23, 2012 at 1:19pm

    Conservative confused!!! Texas, good! Cell-phone tracking bad! Turn on fox news now to learn what to think..

    Report Post »  
  • hatchetjob
    Posted on February 23, 2012 at 1:16pm

    Does this tracker reach all the way to the criminal activity in Congress?

    Report Post » hatchetjob  
  • IndyGuy
    Posted on February 23, 2012 at 1:02pm

    Orwell missed by Thiiiiiiis much…

    Report Post » IndyGuy  
  • Razorhunters
    Posted on February 23, 2012 at 12:55pm

    hmm what if all get rid of cell phones…?

    lived many years without them.

    Report Post » Razorhunters  
    • MammalOne
      Posted on February 23, 2012 at 1:16pm

      The idea isn’t to ditch technology once the government starts abusing its ability to exploit people with it. Cell phones certainly aren’t a necessity, but they‘re incredible pieces of technology and I’d rather ditch the government than my cell phone.

      Report Post » MammalOne  
    • Razorhunters
      Posted on February 23, 2012 at 2:20pm

      i totally agree …
      but , i do not see the people waking up in time to stop the police state.

      Report Post » Razorhunters  
    • THX-1138
      Posted on February 23, 2012 at 2:45pm

      “i do not see the people waking up in time to stop the police state.”

      They never do…

      Report Post » THX-1138  

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