US. Department of Justice

Federal Bureau of Investigation

 

 

In Reply, Please Refer to

File No. 333-OC-A67985 PO. Box 568801
Oklahoma City, OK 73156
405/290-7770
August 7, 2014

Chief William Citty

Oklahoma City Police Department
701 Colcord Drive

Oklahoma City, OK 73102

RE: Non-Disclosure Notice

Dear Chief Citty:

Enclosed is a Federal Bureau of Investigation (FBI) Non~Disclosure Notice (Notice)
regarding the use of cellular location investigative equipment and techniques. These
techniques are considered Law Enforcement Sensitive. Department of Justice regulations require
that our state and local partners who use these resources be provided with a copy of the Notice
and that they respond positively that they understand and will abide by the non-disclosure
provisions regarding these techniques. As a valued law enforcement partner who uses the 
cellular location resources, please read the attached notice and respond favorably that you
understand and will abide by the non-disclosure provisions when using such resources.

Thank you. Please do not hesitate to give us a call should you have any questions. As
always, we appreciate our valued partnership and look forward to working with you in the future.

Sincerely, 



James E. Finch
Special Agent in Charge

 

Enclosure

 

 

APPROVED NOTICE


 

The FBI has received a request for technical support from your agency~speci?cally, locating a cellular device
through the use of law enforcement sensitive (LES) FBI investigative equipment in the above referenced case.

The equipment to be deployed is considered LES as disclosure of the capabilities of this technology may allow
future subjects of investigations to employ countermeasures to avoid detection by law enforcement.

The FBI recognizes that, due to the exigent circumstances in your case, there is not suf?cient time to execute a
formal, written non-disclosure agreement regarding the use of this equipment.

Acceptance of the assistance in locating a cellular device in the above referenced case constitutes your
agency?s agreement to the following provisions:

The FBi?s equipment is to be used in the lawful execution of an authorized function of the requesting
agency.

The equipment shall not be used outside of the jurisdiction of the requesting agency, nor beyond the
geographical authority of the order or other legal process except as otherwise permitted by law ?hot
pursuit?); and, in no event shall technical assistance pursuant to this request be used outside the United
States.

The FBI must be contacted immediately if there is any request for, or intent to use publicly, any
information relating to the assistance provided pursuant to this request.

The Touhy process set forth at 28 C.F.R. 16.22, 16.24, and 16.26 will apply to any demand for testimony
of any personnel relating to the use of the equipment. The FBI will use all appropriate legal means to
limit testimony regarding the technology in any state or local proceeding. However, if required by state
law as part of the criminal trial or discovery process, this email constitutes the approval for your
agency [or the prosecutor?s office] to disclose the fact that general location information about a cellular
device was obtained through the use of FBI equipment.

information obtained through use of the equipment is FOR LEAD PURPOSES ONLY, and may not be
used as primary evidence in any af?davits, hearings or trials. This equipment provides general location
information about a celluiar device, and your agency understands it is required to use additional and
independent investigative means and methods, such as historical cellular analysis, that would be
admissible at trial to corroborate information concerning the location of the target obtained through use of
this equipment.

The requesting agency acknowledges that any assistance provided is subject to the needs of the FBI and
such assistance may be terminated at the discretion of the FBI.

 

 



 

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