Who's Snooping on Your Location? In Michigan, State Cops

The American Civil Liberties Union has raised privacy concerns about police use of Stingrays, cell phone simulators that can collect information from bystanders within range of a sweep to nab a criminal. (Photo by Flickr user arbyreed)

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Did you mean for the Michigan State Police to know where you are?

Probably not, but since 2006, the state police agency has been using cellphone tracking services originally intended to fight terrorism, but used in common practice to solve everyday crimes, The Detroit News reports.

An internal State Police memo showed the cellphone simulator technology, which police use to collect large amounts of data, including the location of users, was used 128 times last year, according to the report. Deployment reportedly resulted in 82 arrests, including 40 for homicide and attempted murder, and the discovery of six missing persons, saving the agency both time and money for investigations.

Privacy concerns have been raised regarding the use of Stingray and Hailstorm-type tools from Florida-based defense contractor Harris Corp., which collect information not only from criminals, but also from bystanders using cellphones within the range of devices.

Harris Corp. requires its customers to sign confidentiality agreements, so the full capability of the devices isn’t known.

The American Civil Liberties Union identified 56 agencies in 22 states and the District of Columbia have the snooping devices, but said its inventory likely dramatically under-represents the actual use of Stingrays nationwide.

Who’s Using Stingrays?

• Click here for ACLU map detailing use of cell phone simulators.

In Michigan, the Oakland County Sheriff’s Office uses the technology as well.

Nathan Freed Wessler, a New York-based attorney for the ACLU, told The Detroit News Stingrays are “tricking every phone in broad areas and sweeping information about every innocent bystander nearby and reaching into walls.”

State Police First Lt. Christopher Hawkins, calling the technology “a tool to keep the citizens of Michigan safe,” suggested the ACLU’s concerns are overblown.

The agency obtains warrants before deploying the technology, and uses it only in “exigent circumstances,” such as kidnappings, Hawkins told The Detroit News.

Hawkins said that although he couldn’t specifically address “how and when” the simulators are used, he understands privacy concerns. He also said the data retrieved by the simulators is not retained, and that it can’t be used to listen to calls or read text messages.

The ACLU said the Michigan State Police used a U.S. Homeland Security Grant for $206,500 to purchase devices in 2006, saying at the time the equipment was “vital to the war on terrorism.”

In 2013, State Police used asset forfeiture funds to purchase a $593,450 upgrade to the equipment for “surveillance and countersurveillance equipment and supplies.” Wessler told the newsaper the upgrade was likely for a piece of equipment known as a Hailstorm, which mimics a cell phone tower and collects information over 4G networks.

Tell Us

• What do you think about the use of cell phone snooping equipment by police agencies?

Reform efforts to increase oversight of the use of the simulators championed by former state Rep. Tom McMillin, R-Rochester, died in the Michigan Legislature last year.

“ ‘Just trust us’ is something we’ve heard before,” said McMillin, who was unable to seek another term in the Michigan House because of term limits and unsuccessfully ran for the U.S. House last year.

“It doesn’t work,” he said. “We shouldn’t believe (police) are just blindingly following the rules. ... The general public doesn’t have a problem using the latest technology to get bad guys, but there needs to be broad oversight and accountability.”

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Last month, the Justice Department said federal agencies using the technology must first obtain warrants, but the policy doesn’t apply to state and local police agencies.

Warrants are required in California, Washington, Virginia, Minnesota and Utah, but state Rep. Kurt Heise, R-Plymouth Township, told The Detroit News he doesn’t see that happening in Michigan.

Heise, the chair of the House Criminal Justice Committee, told the newspaper reform suggested by McMillin would have “tied the hands of police.”

“Right now, I don’t think this is an issue ripe for state action,” Heise said. “The burden is on law enforcement to demonstrate they are operating under the Constitution ... If the ACLU wants to challenge this in court, then we may have to let the courts sort it out.”

Heise told the newspaper he wasn’t aware the state police had the technology, but he wasn’t worried about it.