Las Vegas Metropolitan Police Department Policy & Procedures PDF

LAS VEGAS METROPOLITAN POLICE DEPARTMENT POLICY AND PROCEDURE Policy: Volume: Chapter: Revised: 5.120, Pen Register & Title III 5 - Search and Seizure N/A 1/2022, 7/2022 5.120 PEN REGISTER & TITLE III 5.120.1 5.120.2 5.120.3 5.120.4 5.120.5 5.120.6 5.120.7 5.120.8 5.120.9 5.120.10 General Def...

LAS VEGAS METROPOLITAN POLICE DEPARTMENT POLICY AND PROCEDURE Policy: Volume: Chapter: Revised: 5.120, Pen Register & Title III 5 - Search and Seizure N/A 1/2022, 7/2022 5.120 PEN REGISTER & TITLE III 5.120.1 5.120.2 5.120.3 5.120.4 5.120.5 5.120.6 5.120.7 5.120.8 5.120.9 5.120.10 General Definitions Installation of a Pen Register or Pen Register with Precision Location Installation of an Emergency Pen Register Pen Register Renewals Emergency Pings (Ref. Kelsey Smith) Procedures – During Normal Business Hours Procedures – During Non-Business Hours Victim Consent to Receive Cellular Location Information Cellular Tower Dump Analysis Installation of a Wire Intercept Title III – Monitoring and Termination 5.120.1 General The department recognizes that pen registers, Title III intercepts, and mobile positioning analysis are invaluable tools for data collection in criminal/counter-terrorism investigations and provide life-saving capabilities during emergency situations. It is the policy of this department to provide a controlled system for the use of this technology, and to ensure legal compliance with existing state and federal laws while responsibly managing costs and privacy issues. The Technical and Surveillance Squad (TASS) is tasked with receiving and provisioning all pen register, trap/trace, and wiretap requests authorized by Nevada District Court orders, as well as conducting mobile positioning analysis, to include cellular tower dump analysis for the department. Requests pertaining to criminal matters being co-investigated with a federal agency, including task force officers (TFOs), will be handled through their respective federal partners, and in accordance with their policies and federal laws. All other investigative requests, without a federal nexus, will be handled by TASS. TASS is responsible for the selection and maintenance of the software and equipment required to provision and support electronic surveillance investigations. 5.120.2 Definitions Communications Assistance for Law Enforcement Act (CALEA) The United States wiretapping law passed in 1994. This act preserves the ability for law enforcement officials to conduct electronic surveillance despite new and emerging digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III call detail records (CDR) cellular tower dumps electronic communication emergency emergency pen registers and emergency requests E911 location Global Positioning System (GPS) intercept Effective: 7/2022 Phone records which may include incoming and outgoing numbers dialed, date and time, call duration, cellular tower location, cellular tower sector, etc. When obtained from Over the Top (OTT) applications, cloud service providers, and social media companies, CDRs may provide internet protocol (IP) addresses or port information as well. CDR records do not contain the contents of any wire or electronic communications. The historical analysis of mobile device registrations associated with a cellular tower at a specific geographic location, during a timeframe. A search warrant is required to obtain this information from each telecommunications service provider. Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo optical system that affects interstate or foreign commerce, but does not include: 1) any wire or oral communication, 2) any communication made through a tone-only paging device, 3) any communication from a tracking device, or 4) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds (see 18 USC § 2510). For emergency pen register and trap and trace device installation, emergency is defined in 18 USC § 3125 as a situation involving: 1. Immediate danger of death or serious bodily injury to any person. 2. Conspiratorial activities characteristic of organized crime. 3. An immediate threat to a national security interest; or 4. An ongoing attack on a protected computer (as defined in 18 USC § 1030) that constitutes a crime punishable by a term of imprisonment greater than one year. Most emergency situations involving emergency pen registers, emergency pings, and cellular tower dumps fall under subsection 1, described above. Any emergency CALEA request, to include emergency pen registers and Title IIIs, that are declared during an emergency situation that meets one or more of the four emergency criteria. Emergency declarations are not limited to traditional telecommunication companies but extend to other types of social media and technology service providers to include, but not limited to Apple, Facebook, Google, OTT applications, and voice over internet protocol (VOIP) companies. Technology used by telecommunication companies to approximate the general location of a cell phone when a caller dials 9-1-1. E911 Phase I refers to phone number and location based on cell site or base station location and E911 Phase II refers to cell phone location based on latitude/longitude. (Dispatch only broadcasts Phase II location information.) E911 location requirements are regulated by the Federal Communications Commission (FCC). A system of U.S. navigational satellites developed to provide precise positional location data. The aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical or other device or of any sending or receiving equipment. (NRS 179.430, 18 USC § 2510). Page 2 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III internet protocol address (IP Address) Kelsey Smith Act NRS 707.630 oral communication Over the Top (OTT) applications Pen Register/Trap and Trace (PRTT) Effective: 7/2022 A numerical label assigned to each device connected to a computer network that uses the IP for communication. It serves two primary functions: 1) host or network interface identification, and 2) location addressing. IP addresses are usually written and displayed in legible notations, such as “172.16.254.1” (IP Version 4) or “2001:db8:0:1234:0:567:8:1” (IP Version 6). They can be assigned statically (fixed or permanent) or dynamically (variable), depending on the software and assignment practices. Requires a mobile or Internet voice service provider to disclose, at the request of law enforcement officer or dispatcher, the call location information of a device that is: 1) used to place a 9-1-1 call or 2) in the possession of an individual who is in an emergency situation that involves a risk of death or serious physical harm. Any verbal message uttered by a person exhibiting an expectation that such communication is not subject to interception, under circumstances justifying such expectation (18 USC § 2510). Applications downloaded to a device such as a computer, smart phone or tablet that have access to the Internet or mobile network. OTT applications can provide features or functionalities that include: voice calls, video calls, mobile social media applications, and texting. The applications typically establish data sessions with the application provider and may include IP or port information and content. Pen register: A device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from where a wire or electronic communication is transmitted, and shall not include the contents of wire, electronic, or any other communication (18 USC § 3127). A pen register provides all outgoing numbers dialed by a target phone. Trap and trace: A device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided that such information shall not include the contents of wire, electronic, or any other communication (18 USC § 3127). A trap and trace provides all incoming numbers dialed to a target phone and is included as part of a pen register. ping social media All pen register orders provide authorization for the collection of live call detail, historical CDRs, and subscriber information for a 60-day period. A non-technical term commonly used to refer to obtaining the general GPS location of a cellular device. Websites or mobile applications that enable users to create and share content or to participate in social networking (e.g., Facebook, Instagram, YouTube, Pinterest, Twitter, Tumblr, and LinkedIn). Page 3 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Title III - wire, electronic, and oral intercepts wire communication 5.120.3 Effective: 7/2022 Provides the framework for ensuring that warrant procedures for conducting intercepts by the government are consistent and in line with the Fourth Amendment by: A. Prohibiting the unauthorized, nonconsensual interception of “wire, oral, or electronic communications” by government agencies and private parties. B. Establishing procedures for obtaining warrants to authorize wiretapping by government officials; and C. Regulating the disclosure and use of authorized intercepted communications by investigative and law enforcement officers. Full legal reference for intercept of wire, oral, and electronic communications can be found in NRS 179.410-179.515 and 18 USC § 2510-2522. Any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other similar connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications (NRS 179.455 and 18 CFR 2510). Installation of a Pen Register or Pen Register with Precision Location Primary investigator will: 1. Determine that a pen register will be beneficial to an open criminal investigation. Only an investigative officer or detective receiving authorization to assume primary responsibility of a criminal investigation will be allowed to utilize or submit a pen register. Factors determining the need for a pen register include: a. An analysis of the outgoing and incoming telephone numbers occurring over a landline, cellular, social media, OTT application, or VOIP phone line being utilized by the subject of an investigation. b. An analysis of cellular tower information regarding a cellular phone being utilized by a target of the investigation. c. Approximate location information on a cellular phone utilized by a subject of the investigation. 2. Complete the appropriate pen register template relevant to the request being submitted. The pen register templates are located on the TASS SharePoint site. a. For requests involving the analysis of incoming/outgoing phone numbers only, complete the “Pen Register Order” template. Pen Register Orders can be obtained based on case relevance of the target phone number. b. For requests involving the analysis of telephone numbers and/or information pertaining to cellular tower or device location information, complete the “Pen Register Search Warrant Precision Location Order” template. This type of request is based on the probable cause standard for the target phone number. c. After review, contact a representative of the DA’s Office for review and approval. Page 4 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 3. Complete a Technical and Surveillance Section Services Request (LVMPD 273). 4. Forward the completed LVMPD 273 and two original copies of the pen register packet (order, application and affidavit/declaration) to the investigative sergeant for approval and signature. A signature from the investigative sergeant and lieutenant is required for pen register search warrants. 5. Sign both copies of the declaration in the pen register packet. 6. Obtain the approval and signature of a District Court judge on both copies of the order in the pen register packet. 7. Record the packet with the Clark County District Court Clerk’s Office. a. Retain the second original copy with the stamp/seal and recording number from the Clerk’s Office for the case file. 8. In the case of a pen register search warrant with precision location, it is possible that a return will need to be filed at a later date with the District Court Clerk’s Office. In these instances, a TASS detective will notify the primary investigator when a return needs to be filed. After the Return is filed, the primary investigator will keep a copy of the return for their files and email a copy of the recorded return to [email protected]. TASS does not require an original copy of the return. 9. Email a legible copy of the complete pen register packet, to include the order, application and affidavit/declaration, and the LVMPD 273 to [email protected]. TASS does not require an original copy. 10. Monitor pen register activity through the authorized 60-day period and works with TASS detectives and/or the appropriate investigative specialists for any analysis or reports that need to be completed or any technical issues that arise. 11. Request early termination as applicable. Once the primary investigator deems that the pen register is no longer needed, the investigator will immediately notify TASS by sending an email to [email protected], requesting for the pen register to be terminated. Early termination results in a cost savings for LVMPD due to decreased service charges from the telecommunications company. Page 5 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 5.120.4 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 Installation of an Emergency Pen Register The DA’s Office is authorized by law (18 USC § 3125 and NRS 179.530) to designate a group of law enforcement officers who are authorized to declare an emergency situation without judicial authorization. All commissioned personnel assigned to TASS, certain members of the Special Weapons and Tactics Page 6 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 (SWAT) Crisis Negotiation Team (CNT), and the Homicide Section lieutenant have been designated for this purpose. These situations require a court order to be ratified by an authorized district, state, or federal attorney and judge. The ratification order must be signed by the judge and delivered to the telecommunications carrier or service provider no later than 48 hours after the emergency has been declared, as outlined in 18 USC § 3125. Procedures 1. For all criminal investigations where the possibility exists that an emergency pen register may be needed, the primary investigator will coordinate with their sergeant and lieutenant prior to contacting TASS. 2. The investigative lieutenant, or sergeant after receiving authorization from the investigative lieutenant, will contact the on-call TASS supervisor and provide all relevant details. 3. If the TASS supervisor determines that an authorized emergency situation exists, the primary investigator will send the TASS supervisor and [email protected] an email that contains the following information: a. The event number. b. The target phone number. c. How the target phone number was obtained and its relationship to the emergency situation. d. Specific details regarding the imminent threat to life or substantial bodily harm. e. Best contact phone number for the primary investigator. 4. If an emergency is declared and an emergency pen register is provisioned, the primary investigator will use the “Pen Register Emergency” template to complete an emergency pen register packet and LVMPD 273 as outlined in the Pen Register/Pen Register with Precision Location process. a. The primary investigator will submit a signed LVMPD 273 and a signed emergency pen register packet to [email protected] within 48 hours of the emergency being declared, for submission to the telecommunications company (18 USC § 3125). b. If the primary investigator is refused a court order by a judge, after an emergency pen register has been implemented, the primary investigator will: 1) Immediately notify the TASS sergeant and the DA’s Office. 2) Submit a memo outlining all relevant details of the denial to the TASS sergeant within 24 hours of the denial. 5. Once the emergency situation no longer exists, the primary investigator will immediately notify a TASS detective or sergeant to terminate the emergency pen register. Page 7 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 5.120.5 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 Pen Register Renewals Primary investigator will: 1. Notify TASS of their intent to renew the pen register at least 10 days prior to the expiration date of the original order. 2. Repeat the process for Installation of a Pen Register/Pen Register with Precision Location. 3. Provide TASS a signed copy of the renewed pen register packet and approved LVMPD 273 one week prior to the last authorized day of the original order. Telecommunication companies may charge a new activation fee if the renewal order is not received in time. The renewed pen register packet should be emailed to [email protected]. 5.120.6 Emergency Pings (Ref. Kelsey Smith) This type of emergency request provides an option of receiving GPS coordinates of a cellular device when imminent threats to life or substantial bodily harm exist and must still meet the emergency criteria as defined Page 8 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 in 18 USC § 3125. Some social media, VOIP, and OTT application providers have similar services. Investigators and patrol officers are encouraged to utilize this service if a valid emergency exists and a Pen Register with Precision Location search warrant is not necessary. Not all telecommunication carriers are capable of providing precision location information. All requests to obtain “real-time” cellular location information will be made pursuant to 18 USC § 3121-3127. Patrol officers should also notify the appropriate specialized detail (i.e., patrol detectives, Missing Persons, etc.) so the specialized unit can follow up as needed. Procedures – During Normal Business Hours TASS is the primary unit responsible for facilitating emergency ping (Ref. Kelsey Smith) requests during normal business hours. Primary investigator or patrol will: 1. Coordinate with their sergeant, lieutenant, or watch commander prior to contacting TASS to ensure that an imminent threat to life or substantial bodily harm exists pursuant to 18 USC § 3125. 2. Contact the TASS supervisor by phone to discuss the nature of the emergency. 3. If the TASS supervisor agrees that the situation fits the emergency criteria, send an email to the TASS supervisor and [email protected] that contains the following information: a. The event number. b. The target phone number. c. How the target phone number was obtained and its relationship to the emergency situation. d. Specific details regarding the imminent threat to life or substantial bodily harm. e. Best contact phone number for the requesting officer. 4. If it is deemed that the information provided by the telecommunications company does not sufficiently resolve the emergency situation, they may consider obtaining an emergency pen register. Emergency pen registers provide additional information that cannot be obtained through the emergency ping process. Patrol must request the assistance of an investigative detail to request an emergency pen register. 5. Notify the TASS detective when the emergency situation no longer exists, so the emergency ping can be terminated. 6. The unit requesting the emergency ping request will be required to submit a completed LVMPD 273 signed by a sergeant to [email protected] as soon as possible. Page 9 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 Procedures – During Non-Business Hours Dispatch is the primary unit responsible for facilitating emergency ping requests during non-business hours. Dispatch supervisors are authorized to do so anytime for 9-1-1 disconnects or when an imminent threat to life or substantial bodily harm exists. Primary investigator or patrol will: 1. Coordinate with their sergeant, lieutenant, or watch commander prior to contacting Dispatch to ensure that an imminent threat to life or substantial bodily harm exists pursuant to 18 USC § 3125. 2. The primary investigator or patrol supervisor will contact Dispatch to initiate the emergency ping request. 3. If the primary investigator or patrol supervisor deems that the information provided by the telecommunications company does not sufficiently resolve the emergency situation, they may consider obtaining an emergency pen register. Emergency pen registers provide additional information that cannot be obtained through the emergency ping process. Patrol must request the assistance of an investigative detail to request an emergency pen register. 4. Notify Dispatch when the emergency situation no longer exists, so the emergency ping can be terminated. 5.120.7 Victim Consent to Receive Cellular Location Information 18 USC § 3125 allows law enforcement officials to receive some data, such as a cellular ping, when a victim provides consent. Contact an on-call TASS detective for assistance with acquiring cellular location information with victim’s consent. Department members will not contact the telecommunication companies directly to ascertain whether they accept victim consent. TASS will coordinate with the telecommunication companies to obtain the necessary forms from the telecommunication companies that allow this process. If the telecommunication company is not willing to provide the requested information through consent of the victim, it is recommended that the detective or officer obtain a court order or search warrant as outlined in the Pen Register/Pen Register with Precision Location process. If a telecommunications company does provide a consent form, completed copies utilized during criminal investigations will be retained by TASS. 5.120.8 Cellular Tower Dump Analysis TASS is the primary unit tasked with submitting all cellular tower dump requests to all telecommunication companies and conducting all cellular tower dump analysis. A TASS detective must be contacted by phone or in person to discuss the details of the case prior to an investigator requesting a cellular tower dump analysis. Procedures Primary investigator will: Page 10 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 1. Consult a TASS detective regarding the details of the case to determine if a tower dump analysis is a feasible investigative approach based on the facts and circumstances of the case. 2. If a tower dump analysis is a viable option, obtain a search warrant (see LVMPD 5.100, Search and Seizure) to obtain mobile device registration information from each telecommunications service provider that is relevant to the case for the dates, times, and locations, that were mutually agreed upon with the TASS detective. 3. Forward the completed LVMPD 273 and search warrant packet to their respective sergeant and lieutenant for review and acquire both signatures on the LVMPD 273. 4. Obtain signed approvals from a deputy DA, who has been specifically authorized to review applications for pen registers and Title IIIs as specified on the DA’s on-call search warrant list, and a District Court judge. 5. Record the completed and approved search warrant packet with the District Court Clerk’s Office. 6. Email the approved search warrant packet and TASS request to [email protected]. TASS does not require original copies of either document. 7. Collaborate with TASS detective once requested data is received from the cellular service providers to conduct the tower dump analysis. 8. File a search warrant return with the District Court Clerk’s Office and email a recorded copy of the Return to [email protected] upon receipt of all requested data. 5.120.9 Installation of a Wire Intercept Any request for a wire intercept will be made to, and approved by, the bureau commander responsible for the investigation. Title III implementations are an involved and complex process from a technical perspective. The primary investigator will contact the TASS sergeant at least one week prior to the desired start date to allow enough time to plan and test the installation. Procedures Page 11 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 Primary investigator will: 1. After receiving approval from their chain up to the bureau/area commander: a. Contact a high intensity drug trafficking area (HIDTA) deputy DA for a drug case, or an assistant DA for all other types of cases, to ensure that their affidavit in support of an application for an order authorizing the interception of wire, electronic, and oral communications meets their required standards for approval. b. Obtain the latest version of the wire intercept court order packet from the DA’s Office. 2. Complete two copies of the wire intercept court order packet, and submit the packets for final approval to either the HITDA deputy or assistant DA. 3. Obtain the signature of the DA on both copies of the application. 4. Submit both copies of the wire intercept court order packet to a District Court judge for approval and signature. 5. Record the packet with the District Court Clerk’s Office: a. Retain the second original copy with the stamp/seal and recording number from the Clerk’s Office for the case file. 6. Provide a recorded copy of the wire intercept court order packet along with a completed LVMPD 273 that has been signed by their sergeant, lieutenant, and bureau commander to [email protected] and the TASS sergeant. TASS does not require original copies. 7. Contact the TASS sergeant to discuss the following: a. Staffing plan and personnel assigned to monitor the Title III. b. The desired “go-live” date to start the intercept and any planned dates to stimulate wire activity. c. Target numbers, emails, social media accounts, and any other audio interception devices ordered on the Title III. Page 12 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 5.120 5.120.10 POLICY AND PROCEDURE Pen Register & Title III Effective: 7/2022 Title III – Monitoring and Termination Primary investigator will: 1. Coordinate the Title III Monitoring Team and scheduling the minimization meeting with the DA’s Office. 2. Coordinate with TASS regarding all members of the Monitoring Team to ensure proper access to the TASS Title III Room and access to the intercept software. 3. Monitor the Title III during the legal intercept period. 4. Cooperate with the DA’s Office after the installation of the intercept and notify them of relevant updates while the Title III is active and when the interception has concluded. 5. Notify the TASS sergeant when it is determined that the objectives of the investigation have been met or the Title III order has expired. 6. Provide the DA’s Office with relevant subscriber information for calls that were intercepted, so the DA’s Office has time to prepare the necessary notifications and inventory required by NRS 179.495 and federal reporting requirements. 7. Obtain copies of all recordings and generate necessary reports required by the DA’s Office and follow the rules of evidence. Page 13 of 13