Delaware State Police Use of Cell Site Simulators

The Delaware State Police does possess a cell site simulator that is designed to allow our Troopers to locate a lawfully targeted cellphone. The tool is used in felonious cases or life threatening events, to include the location of missing persons who are in harm’s way. The cell site simulator is an effective tool in keeping the citizens of Delaware safe. Unfortunately, there are widely held misconceptions about the usage of cell site simulators.

In the case of cell site simulators, numerous federal, state, and local law enforcement agencies have determined that the public release of technical details, applications, and operational procedures would create a significant detriment to the protection of their communities by providing criminal elements with the ability to circumvent the devices. Law enforcement agencies must always balance the desire to provide the public with full disclosure on the details of sensitive investigative and protective techniques versus the substantial risk that such knowledge would allow criminals to avoid detection and cause serious harm to law enforcement personnel and members of the community. 

In an effort to address common concerns, while also keeping the cell site simulator as a relevant tool, the Delaware State Police is providing the following facts on the utilization of the device:

Since the inception of the utilization of this tool, the Delaware State Police has always sought legal authority, from the Superior Court of the State of Delaware, signed by a Superior Court Judge before the cell site simulator can be operated by an investigator of the Delaware State Police.

Incidents involving an emergency circumstance to render aid, such as a kidnapping, report of a missing child, or evidence of a criminal act that could lead to imminent death or infliction of serious bodily injury are the exceptions to the requirement for immediately obtaining judicial permission prior to operation of the device. In these cases, efforts are simultaneously sought to secure judicial permission. 

The cell site simulator possessed by the Delaware State Police does not retain third-party cellphone information. The device cannot identify the operator of a cellphone, nor can it intercept the content of calls, texts or photographs. Additionally, the cell site simulator cannot obtain any internet based data such as emails, instant messages, social media, or obtain any personal subscriber information, cellular telephone numbers, billing information, or any other form of personal information of any user of a cellular device.

The Delaware State Police is committed to protecting the right to privacy of the citizens we serve. We are also committed to protecting the civil rights and civil liberties that are guaranteed by the United States Constitution. It is our hope that this increased visibility about the use of a cell site simulator by the Delaware State Police will alleviate any concern regarding the use of this technology. The Delaware State Police is committed to using this device in a manner that embraces the utmost respect for citizens’ privacy and in a manner that is lawful and responsible.

The mission of the Delaware State Police is to enhance the quality of life for all Delaware citizens and visitors by providing professional, competent and compassionate law enforcement services.