Illinois § 15

§ 15.

Application for court order. (a) An application for a court order to use a cell site simulator device, including an emergency application under subparagraph (B) of paragraph (6) of Section 15 of the Freedom From Location Surveillance Act, must include: (1) a description of the nature and capabilities of the cell site simulator device that will be used and the manner and method of its deployment, including whether the cell site simulator device will obtain data from non-target communications devices; and (2) a description of the procedures that will be followed to protect the privacy of non-targets during the investigation, including the deletion of data obtained from non-target communications devices. (b) If the cell site simulator device is used to locate or track a known communications device, all non-target data must be deleted as soon as reasonably practicable, but no later than once every 24 hours. (c) If the cell site simulator device is used to identify an unknown communications device, all non-target data must be deleted as soon as reasonably practicable, but no later than within 72 hours of the time that the unknown communications device is identified, absent a court order preserving the non-target data and directing that it be filed under seal with the court. The court may retain data obtained from a non-target communications device under a court order showing good cause for no longer than the period required under Supreme Court Rules. The law enforcement agency is prohibited from accessing data obtained from a non-target communications device for the purpose of any investigation not authorized by the original court order. (d) A court order issued under this Section may be sealed upon a showing of need, but for no more than 180 days, with any extensions to be granted upon a certification that an investigation remains active or a showing of exceptional circumstances. (Source: P.A. 99-622, eff. 1-1-17.)