NYPD tracked citizens’ cellphones 1,000 times since 2008 without warrants

New York City police have tracked citizens’ cellphones over 1,000 times since 2008 without using warrants, according to public records obtained by the New York Civil Liberties Union.

The organization announced on Thursday that the NYPD has typically used “stingrays” after obtaining lower-level court orders, but not warrants, before using the devices. The department also does not have a policy guiding how police can use the controversial devices. This is the first time that the scope of stingray use by the nation’s largest police agency has been confirmed.

The devices, generically known as stingrays, work by mimicking cell towers and tracking a cellphone’s location at a specific time. Law enforcement agencies can use the technology to track people’s movements through their cellphone use. Stingrays can also detect the phone numbers that a person has been communicating with, according to the NYCLU. The devices allow law enforcement to bypass cellphone carriers, who have provided information to police in the past, and can track data about bystanders in close proximity to the intended target.

Mariko Hirose, the NYCLU attorney who filed the records request, said the records reveal knowledge about NYPD’s stingray use that should have been divulged before police decided to start using them.

“When local police agencies acquire powerful surveillance technologies like stingrays the communities should get basic information about what kind of power those technologies give to local law enforcement,” Hirose said.

In a statement, spokesman J. Peter Donald said: “The NYPD, before using this technology, ensures we have established probable cause, consults with a District Attorney, and applies for a court order, which must be approved by a judge. In rare instances, the NYPD may use this technology in emergency situations while we seek judicial approval. This would be in instances where the life or safety of someone is at risk.”

The records show that the devices were used in a range of crimes, including rape, murder and missing persons cases. They detail which NYPD squads used Stingrays, the target’s cellphone carrier, and whether the investigation resulted in an arrest. Information about the exact date that stingrays were used, the target’s phone number and any subsequent arrest locations were redacted. The NYPD did not release information about which types of stingrays the department uses or contracts related to the purchase of the devices. Hirose said the NYCLU has not decided if it will pursue the remainder of the request in court.

The devices are used across the country by federal and local law enforcement agencies, which go to significant lengths to hide stingray use. Last year, the Department of Justice released new policies about how federal agents could use the technology, requiring them to obtain a warrant except in exceptional circumstances.