Stingray Documents (Sioux Falls, SD Police Dept.)

To Whom It May Concern:

Pursuant to the South Dakota Sunshine Law, I hereby request the following records:

1. Records regarding the Sioux Falls Police Department's acquisition of cell site simulators, including invoices, purchase orders, contracts, loan agreements, solicitation letters, correspondence with companies providing the devices, and similar documents. In response to this request, please include records of all contracts, agreements, and communications with Harris Corporation or other manufacturers.

2. Records regarding any arrangement or agreement between the Sioux Falls Police Department and other law enforcement agencies in South Dakota to share the use of cell site simulators, or any offers by the Sioux Falls Police Department to share the use of cell site simulators with other law enforcement agencies in South Dakota.

3. All requests by the Harris Corporation or any other corporation, or any state or federal agencies, to the Sioux Falls Police Department to keep confidential any aspect of the department's possession and use of cell site simulators, including any non-disclosure agreements between the Sioux Falls Police Department and the Harris Corporation or any other corporation, or any state or federal agencies, regarding the department's possession and use of cell site simulators.

4. Policies and guidelines of the Sioux Falls Police Department governing use of cell site simulators, including restrictions on when, where, how, and against whom they may be used, limitations on retention and use of collected data, guidance on when a warrant or other legal process must be obtained, and rules governing when the existence and use of cell site simulators may be revealed to the public, criminal defendants, or judges.

5. Any communications or agreements between the Sioux Falls Police Department and wireless service providers (including AT&T, T-Mobile, Verizon, Sprint Nextel, and U.S. Cellular) concerning use of cell site simulators.

6. Any communications, licenses, or agreements between the Sioux Falls Police Department and the Federal Communications Commission concerning use of cell site simulators.

7. Records reflecting the number of investigations in which cell site simulators were used by the Sioux Falls Police Department or in which cell site simulators owned by the Sioux Falls Police Department were used, and the number of those investigations that have resulted in prosecutions.

8. Records reflecting a list of all cases, with docket numbers if available, in which cell site simulators were used as part of the underlying investigation by the Sioux Falls Police Department or in which cell site simulators owned by the Sioux Falls Police Department were used as part of the underlying investigation.

9. All applications submitted to state or federal courts for search warrants or orders authorizing use of cell site simulators by the Sioux Falls Police Department in criminal investigations or authorizing use of cell site simulators owned by the Sioux Falls Police Department in criminal investigations, as well as any warrants or orders, denials of warrants or orders, and returns of warrants associated with those applications. If any responsive records are sealed, please provide documents sufficient to identify the court, date, and docket number for each sealed document.

Stingrays and other cell site simulators impersonate a wireless service provider’s cell tower, prompting cell phones and other wireless devices to communicate with them. Cell site simulators are commonly used in two ways: to collect information on all phones in a given location, or to track and locate particular phones.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Tim Cushing