Exigency Report to Board of Supervisors Re. Cellular Communications Interception Technology on December 31, 2025
March 31, 2026
San Francisco Board of Supervisors
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102
RE: Exigent Use Notification Pursuant to Administrative Code Section 19B.7
Dear President Mandelman and Members of the Board:
In accordance with San Francisco Administrative Code Section 19B.7, the San Francisco Police Department submits this notice regarding an exigent use of surveillance technology.
Summary of Exigent Circumstances
On December 31, 2025, the Department investigated a credible, time-sensitive threat involving potential violence on New Year's Eve in San Francisco. Officers reasonably believed, based on specific and articulable facts, that there was an imminent risk of death or serious physical injury requiring immediate action.
Surveillance Technology Used
As part of the investigation, the Department requested assistance from the San Jose Police Department which possesses cellular communications interception technology, commonly referred to as a cell site simulator. The San Francisco Police Department does not own or operate this technology.
At the Department's request, the San Jose Police Department briefly deployed its technology in a limited geographic area to assist in locating a subject. The San Francisco Police Department did not directly operate or control the technology; it only received limited information necessary to address the emergency.
Justification for Exigent Use
The Department determined the use of this technology, through the San Jose Police Department, was necessary under exigent circumstances based on the immediacy of the threat and the need to determine the subject's location to prevent potential harm. Earlier steps in the investigation did not provide sufficient information to confirm the subject's location.
Legal Authorization
The Department acted in accordance with applicable state and federal law, including provisions governing emergency access to electronic information. Authorization for the use of the cell site simulator was handled by the San Jose Police Department through the appropriate process in Santa Clara County Superior Court.
Separately, San Francisco Police Department obtained a Gun Violence Emergency Protective Order and a search warrant related to the investigation, granted by the San Francisco Superior Court.
Duration of Use
The San Jose Police Department's use of the technology was limited in duration and ceased once sufficient information was obtained to address the emergency.
If you have any questions, please contact Carl Nicita, Government Affairs Manager, at [email protected].
Sincerely,
/s/
DERRICK J. LEW
Chief of Police