Texas Cops Say They'll Follow Law Using Tracking Device
Feb. 24--FORT WORTH -- Police say they are well aware of the Fourth Amendment issues presented by a new cellphone tracking system authorized for purchase by the Fort Worth City Council this week.
And Fort Worth police said they will abide by Fourth Amendment protections, which shield residents from unreasonable searches and seizures and require that warrants be supported by probable cause.
"We would secure search warrants or court orders prior to deploying any tracking device," Maj. Paul Henderson, Fort Worth police chief of staff, said in an e-mail. "Only in exigent circumstances such as kidnappings, child abductions, missing persons [i.e. Alzheimer's patient] or in circumstances requiring immediate action in order to preserve life would we use without first obtaining a warrant. In cases involving exigent circumstances we still obtain warrants and/or court orders as soon as possible."
The KingFish system, which gives police the ability to track cellphones without having to go through a provider or service, will cost more than $184,000 during its first year of operation, according to a memo prepared for City Council prior to its vote.
The memo said that Fort Worth police officers have already utilized the technology and have received training from agents with the U.S. Secret Service and the U.S. Marshal's task force, agencies that have assisted the police in using the tracking system in the past. The KingFish units are mobile and can be mounted on a vehicle or carried by officers in the field.
Those concerned about the technology's capabilities worry that police will use the system to monitor the movements of suspects or subjects of its investigations without first obtaining warrants or a judge's permission.
"We are aware of the constitutional implications," Henderson said. "That is the reason why we secure search warrants signed by a judge even though the courts have not specifically addressed the use of this technology. The Police Department will continue to serve while protecting the constitutional rights of everyone."
Councilman Jungus Jordan said he is confident that the police will follow the law and that he is confident that the city's attorneys have fully reviewed the purchase and the technology.
"We know that our legal department signed off on its use and that our police department operates fully within the confines of the law," Jordan wrote in an e-mail. "The bottom line is it gives the ability of tracking down the bad guys."
Legislation called the Geolocation and Privacy Surveillance Act, designed to require law enforcement to obtain warrants before obtaining a person's location and that sets clear rules for exceptions, is winding its way through Congress, according to a news release from Sen. Ron Wyden, D-Ore. If it passes, the bill would create criminal penalties for surreptitiously using an electronic device to track a person's movements that parallel those for wiretapping, the release said.
Mitch Mitchell, 817-390-7752
Twitter: @stcrime
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