Within ten days after the termination of the authorized interception, the recordings shall be made available to the judge who issued the order and shall be sealed under the judge’s directions. Failure to seal evidence requires a “satisfactory explanation” in order for the evidence to be used. While extensions may be granted, each order’s evidence should be sealed in order to comply with state and federal statutes. A.R.S § 13-3010(H).
Cell Phone Surveillance vs Wiretap Evidence
Cell phone surveillance differs from a wiretap or wiretapping in that cell phone surveillance consists of cell detail records. Both require probable cause and a warrant but cell phone surveillance includes preservation of your call history and text history and can also provide evidence of your general location on a specific date and time. However, a title 3 wiretap is used to intercept and record actual live calls, texts or emails.
Information from Cell Towers
In the midst of a criminal investigation, law enforcement commonly obtains warrants from a cell phone service provider for a specific phone number in an effort to locate a suspect’s location and call and text history. The location of a person is obtained by reviewing the data your cell phone sends and receives from the cell phone tower that services the area in the location of the phone on a specific date and time.
This information is commonly obtained after a crime has been committed. For instance, at a murder scene, police may have a suspect and obtain a warrant in attempt to place the suspect’s phone near the scene of the crime. Police can also obtain warrants after a crime has been committed to determine the location of all phones near a particular cell tower. Using this dragnet approach, police can obtain a warrant to detail all phones that were near a specific cell tower on a specific date and time to develop a suspect list.
In the midst of an ongoing investigation, police can also obtain a live view of a specific phone number’s call and text history as well as application information (social media use). Known as a pen registry and trap and trace, this information allows police to track a specific phone and view in real time the call and text history. This information is often used for probable cause prior to obtaining an official wiretap.
The cell detail records obtained from cell phone providers will not include the content of a call or text message but will only give the date, time, location of the device and the phone numbers communicating with one another. In order intercept a specific message or call, police must obtain a wiretap.
Information from a Physical Phone
Cell phone surveillance can also be obtained through an examination of a physical cell phone. During questioning or after an arrest, police will often ask that you consent to a search of your phone. If your phone has no password police sometimes open your phone and browse the data including locational information, calls and text messages.
If you phone has a fingerprint lock or facial recognition to unlock the device, police may hold the phone to your face of place your finger on the phone in order to unlock the device. This practice is normally found to be constitutional as you have no right privacy concerning your fingerprints or facial identity. If instead, you have a numeric password, you have a fifth amendment right to refrain from speaking and providing police your password.
If you decline to allow police to search your cell phone they may obtain a warrant and use a software to extract the data from your phone. The software most commonly used is called cellebrite software. This software allows forensic technicians to extract the data from your phone. Information which can be extracted using cellebrite software includes:
- Phone calls (numbers only);
- Text messages (numbers and content);
- Location information;
- Pictures with geolocation data;
- Social Media information (including messaging).
