Contracts and Policies Regarding IMSI Catchers

The Broward Sheriff's Office is in receipt of the below public records request. A search has commenced to locate the records you have requested.

Upon locating any applicable records, they will be evaluated to determine whether an exemption from public disclosure applies. If such an exemption applies to the records, you will be provided with an explanation of the exemption. If any of the records requested do not fall within an exemption, an estimate of the total cost will be forwarded to your attention. Be reminded that payment is due prior to your receipt of the documents.

Should you have any questions or concerns, please do not hesitate to contact me at this e-mail address or the below address or phone.

Sincerely,

Terrence Lynch, Esq.
Senior Assistant General Counsel
Broward County Sheriff's Office[cid:image002.jpg@01D239A3.903A5480]
2601 W. Broward Blvd.
Fort Lauderdale, FL 33312
Office: (954) 831-8921
Fax: (954) 321-5040

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

To whom it may concern:

Your request for public records for the following has been reviewed:

Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox". including:
-Contracts with the Harris Corporation regarding the acquisition of their Stingray or KingFish IMSI catchers
-Department policies and procedure regarding the use of IMSI catcher technology
-policies and procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers
Please be advised that the Broward Sheriff's Office is asserting an exemption to these requests pursuant to Fla. Stat. §119.071(2)(d), for surveillance techniques, procedures, or personnel. The disclosure of information on the capabilities and/or limitations of this agency would compromise the ability of the Broward Sheriff's Office to conduct investigations, and place personnel conducting those investigations at risk.

As was explained in U.S. v. Van Horn, 789 F.2d 1492 (11th Cir. 1986):

Electronic surveillance is an important tool of law enforcement, and its effectiveness should not be unnecessarily compromised. Disclosure of such information will also educate persons on how to employ such techniques themselves, in violation of Title III.

The risk of circumvention of an investigative technique if information is released has been widely accepted by courts when reviewing exceptions for law enforcement sensitive information. See generally, James v. U.S. Customs and Border Protection, 549 F.Supp.2d 1, 10 (D.D.C. 2008); Judicial Watch v. U.S. Dept. of Commerce, 337 F.Supp.2d 146, 181 (D.D.C. 2004); United States v. Cintolo, 818 F.2d 980, 1002 (1st Cir. 1987); U.S. v. Van Horn, 789 F.2d 1492 (11th Cir. 1986). The disclosure of sensitive law enforcement surveillance measures would allow criminal defendants, criminal enterprises or foreign powers, should they gain access to the information, to determine techniques, capabilities, and limitations in this area. This knowledge could lead to the development of countermeasures by subjects of investigations and block law enforcement's ability to obtain electronic surveillance in criminal cases. This, in turn, could completely prevent the successful prosecution of a wide variety of criminal cases in which such equipment is used.

Should you have any questions or concerns, please do not hesitate to contact me.

Terrence Lynch, Esq.
Senior Assistant General Counsel
Broward County Sheriff's Office[cid:image003.jpg@01D23FFD.BA6DA7B0]
2601 W. Broward Blvd.
Fort Lauderdale, FL 33312
Office: (954) 831-8921
Fax: (954) 321-5040

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

Good afternoon. This is asserting an exemption to producing records responsive to your request.

Terrence Lynch, Esq.
Senior Assistant General Counsel
Broward County Sheriff's Office[cid:image002.jpg@01D240F5.C505E9F0]
2601 W. Broward Blvd.
Fort Lauderdale, FL 33312
Office: (954) 831-8921
Fax: (954) 321-5040

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.

It is cited in the response below, but it is Fla. Stat. §119.071(2)(d).

Terrence Lynch, Esq.
Senior Assistant General Counsel
Broward County Sheriff's Office[cid:image003.jpg@01D24A5E.42B1B750]
2601 W. Broward Blvd.
Fort Lauderdale, FL 33312
Office: (954) 831-8921
Fax: (954) 321-5040

Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure.