Arizona Laws 13-4294. Cell site simulator device search warrant; issuance; grounds; requirements; notice; prohibited uses; nontarget data
A. A cell site simulator device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person using the communications device to be identified. If the magistrate is satisfied that probable cause exists for the issuance of a cell site simulator device search warrant, the magistrate shall issue the search warrant commanding the use of a cell site simulator device.
Terms Used In Arizona Laws 13-4294
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Cell site simulator device: means a portable device that transmits or receives radio waves to identify, locate or track the movements of a communications device. See Arizona Laws 13-4291
- Cell site simulator device search warrant: means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to identify a communications device through the use of a cell site simulator device. See Arizona Laws 13-4291
- Communications device: means any device that allows the device's user to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-4291
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Nontarget data: means information that is collected by a cell site simulator device pursuant to a search warrant that is issued under section 13-4293 or section 13-4294 and that identifies a communications device that is not related to the subject of the search warrant. See Arizona Laws 13-4291
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- public offense: means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state. See Arizona Laws 13-105
B. A cell site simulator device search warrant may be issued on the following grounds:
1. When the communications device to be identified is in the possession of a person who has used the communications device, is using the communications device or is about to use the communications device as a means of committing a public offense.
2. When the communications device to be identified constitutes any evidence that tends to show that a particular public offense has been committed or tends to show that a particular person has committed or is committing the public offense.
C. The cell site simulator device search warrant shall authorize use of the cell site simulator device any time of the day or night and shall specify a reasonable length of time that the cell site simulator device may be used that does not exceed sixty days after the date that the search warrant was signed. The court may grant one or more extensions of a cell site simulator device search warrant if an affidavit in support of an extension is made and the court makes the findings required by subsections A and B of this section. The period of each extension may not be longer than the authorizing magistrate deems necessary to achieve the purposes for which the extension was granted and may not exceed sixty days.
D. A cell site simulator device search warrant must be initiated within ten calendar days after the search warrant’s issuance. On the expiration of the ten-day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The cell site simulator device search warrant must be returned to a magistrate within three court business days after the authorization period of the search warrant expires. The return shall state the time and date that the device was used.
E. Within ninety days after the cell site simulator device’s use ends, a copy of the cell site simulator device search warrant must be served on the person whose communications device was identified. Service of the notice may be accomplished by any of the following methods:
1. Delivering a copy to the person whose communications device was identified at the person’s known place of residence.
2. If the person’s residence is unknown, by mailing a copy to the subscriber of the communications device.
3. Any other method that the court directs.
F. The court may delay the notice of cell site simulator device use that is required by subsection E of this section in the same manner prescribed in section 13-3919, subsection B.
G. A cell site simulator device may not be used to intercept, obtain or access the content of any stored oral, wire or electronic communication unless the interception or access is authorized by chapter 30 of this title. A cell site simulator device may be used to track a communications device pursuant to section 13-4293.
H. If the cell site simulator device is used to locate or track a known communications device, all nontarget data must be destroyed within sixty court business days after the return of the search warrant to a magistrate.
I. If the cell site simulator device is used to identify an unknown communications device, all nontarget data must be destroyed within sixty court business days after the return of the search warrant to a magistrate unless a court orders the nontarget data to be preserved.