Cell site simulator device; require law enforcement agencies to obtain warrant before using.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Chism

SENATE BILL NO. 2331

AN ACT TO REQUIRE A LAW ENFORCEMENT AGENCY TO OBTAIN A 1
WARRANT BEFORE USING A CELL SITE SIMULATOR DEVICE TO COLLECT 2
INFORMATION FROM A COMMUNICATIONS DEVICE; TO AUTHORIZE A CELL SITE 3
SIMULATOR DEVICE TO BE USED WITHOUT A WARRANT WHEN IT IS NECESSARY 4
TO PREVENT LOSS OF LIFE OR BODILY INJURY; TO AMEND SECTIONS 5
41-29-701 AND 41-29-513, MISSISSIPPI CODE OF 1972, IN CONFORMITY 6
WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) For the purposes of this section, the 9
following words and phrases shall have the meanings ascribed 10
unless the context clearly indicates otherwise: 11
(a) "Cell site simulator device" means a device that 12
transmits or receives radio waves to or from a communications 13
device that can be used to intercept, collect, access, transfer or 14
forward the data transmitted or received by the communications 15
device, or stored on the communications device, including an 16
international mobile subscriber identity (IMSI) catcher or other 17
cell phone or telephone surveillance or eavesdropping device that 18
mimics a cellular base station and transmits radio waves that 19
cause cell phones or other communications devices in the area to 20
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transmit or receive radio waves, electronic data, location data, 21
information used to calculate location, identifying information, 22
communications content or metadata, or otherwise obtains this 23
information through passive means, such as through the use of a 24
digital analyzer or other passive interception device. "Cell site 25
simulator device" does not include any device used or installed by 26
an electric utility solely to the extent the device is used by 27
that utility to measure electrical usage, to provide services to 28
customers or to operate the electric grid. 29
(b) "Communications device" means any electronic device 30
that transmits signs, signals, writings, images, sounds or data in 31
whole or in part by a wire, radio, electromagnetic, photoelectric 32
or photo-optical system. 33
(c) "Law enforcement agency" means a law enforcement 34
agency of the State of Mississippi or any political subdivision 35
thereof. 36
(2) Except as otherwise provided in subsection (3) of this 37
section, a law enforcement agency shall not use a cell site 38
simulator device to obtain the location information, stored data 39
or transmitted data of a communications device without first 40
obtaining a search warrant issued by a proper court based upon 41
probable cause that a person whose information is sought has 42
committed, is committing or is about to commit a crime. 43
(3) A law enforcement agency may not use, copy or disclose, 44
for any purpose, the location information, stored data or 45
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transmitted data of an electronic device that is not the subject 46
of a warrant that is collected as part of an effort to obtain the 47
location information, stored data or transmitted data of the 48
electronic device that is the subject of a warrant issued under 49
subsection (2) of this section. Any nontarget data must be 50
deleted as soon as reasonably practicable, but no later than 51
forty-eight (48) hours after such data is collected. 52
(4) A cell site simulator device may be used without first 53
obtaining a warrant when a law enforcement agency determines that 54
there is sufficient probable cause that the person whose 55
information is sought has committed, is committing or is about to 56
commit an act of terrorism and there are exigent circumstances 57
that exist which require the use of a cell site simulator device 58
to prevent an imminent loss of life or bodily injury to a person. 59
The warrantless use of a cell site simulator device must end when 60
a request for a warrant has been denied or twenty-four (24) hours 61
has passed, whichever happens first. Unless a warrant is granted 62
that covers the target communications device, all data collected 63
as part of a warrantless search must be deleted as soon as 64
reasonably practicable, but no later than twenty-four (24) hours 65
after such data is collected. 66
SECTION 2. Section 41-29-701, Mississippi Code of 1972, is 67
amended as follows: 68
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41-29-701. (1) As used in this section, the following words 69
and phrases shall have the meanings ascribed to them herein unless 70
the context clearly requires otherwise: 71
(a) "Pen register" means a mechanical or electronic 72
device that attaches to a telephone line and is capable of 73
recording outgoing numbers dialed from that line and date, time 74
and duration of any incoming communication to that line. 75
(b) "Trap and trace device" means a device which 76
captures the incoming electronic or other signals which identifies 77
the originating number of an instrument or device from which a 78
wire or other communication was transmitted. 79
(c) "Caller ID" means a service offered by a provider 80
of communications services which identifies either or both of the 81
originating number or the subscriber of such number of an 82
instrument or device from which a wire or other communication was 83
transmitted. 84
(2) (a) Attorneys for the Bureau of Narcotics, upon their 85
own motion, may file an application with the circuit court for the 86
installation and use of a pen register, trap and trace device or 87
caller ID to obtain information material to an ongoing 88
investigation of a felony violation of the Uniform Controlled 89
Substances Law. Venue under this section shall be in the circuit 90
court district of any of the following: (i) the county of 91
residence of the subscriber, (ii) the county of residence of the 92
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user, (iii) the county in which the billing address is located, or 93
(iv) the county in which the crime is allegedly being committed. 94
(b) The application shall be made in writing under oath 95
and shall include the name of the subscriber, the telephone number 96
or numbers, and the location of the telephone instrument or 97
instruments upon which the pen register will be utilized. The 98
application shall also set forth facts which the court shall 99
consider in determining that probable cause exists that the 100
installation and utilization of the pen register, trap and trace 101
device or caller ID will be material to an ongoing investigation 102
of a felony violation of the Uniform Controlled Substances Law. 103
(c) Upon consideration of the application and a 104
determination that probable cause exists, the circuit court judge 105
may order the installation and utilization of the pen register, 106
trap and trace device or caller ID, and in the order the circuit 107
court judge shall direct a communications common carrier, as 108
defined by 47 USCS 153(h), to furnish all information, facilities 109
and technical assistance necessary to facilitate the installation 110
and utilization of the pen register, trap and trace device or 111
caller ID unobtrusively and with a minimum of interference to the 112
services provided by the carrier. The carrier is entitled to 113
compensation at the prevailing rates for the facilities and 114
assistance provided to the Bureau of Narcotics. 115
(d) An order for the installation and utilization of a 116
pen register, trap and trace device or caller ID is valid for not 117
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more than thirty (30) days from the date the order is granted 118
unless, prior to the expiration of the order, an attorney for the 119
Bureau of Narcotics applies for and obtains from the court an 120
extension of the order. The period of extension may not exceed 121
thirty (30) days for each extension granted. 122
(e) The circuit court shall seal an application and 123
order for the installation and utilization of a pen register, trap 124
and trace device or caller ID granted under this section. The 125
contents of an application or order may not be disclosed except in 126
the course of a judicial proceeding and an unauthorized disclosure 127
is punishable as contempt of court. 128
(3) On or before January 5 of each year, the Director of the 129
Bureau of Narcotics shall submit a report to the Mississippi 130
Administrative Office of Courts detailing the number of 131
applications for pen registers sought and the number of orders for 132
the installation and utilization of pen registers, trap and trace 133
devices or caller ID granted during the preceding calendar year. 134
(4) If an application is made under this section to 135
authorize the use of a cell site simulator device, as defined in 136
Section 1 of this act, the application shall only be approved by 137
the circuit court judge if the application is accompanied by a 138
search warrant issued in accordance with Section 1 of this act. 139
SECTION 3. Section 41-29-513, Mississippi Code of 1972, is 140
amended as follows: 141
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41-29-513. (1) To be valid, an application for an order 142
authorizing the interception of a wire, oral or other 143
communication must be made in writing under oath to a judge of 144
competent jurisdiction in the circuit court district of the 145
location where the interception of wire, oral or other 146
communications is sought, or a circuit court district contiguous 147
to such circuit court district, and must state the applicant's 148
authority to make the application. An applicant must include the 149
following information in the application: 150
(a) A statement that the application has been requested 151
by the director and the identity of the prosecutor making the 152
application; 153
(b) A full and complete statement of the facts and 154
circumstances relied on by the applicant to justify his belief 155
that an order should be issued including: 156
(i) Details about the particular offense that has 157
been, is being, or is about to be committed; 158
(ii) A particular description of the nature and 159
location of the facilities from which or the place where the 160
communication is to be intercepted; 161
(iii) A particular description of the type of 162
communication sought to be intercepted; and 163
(iv) The identity of the person, if known, 164
committing the offense and whose communications are to be 165
intercepted; 166
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(c) A full and complete statement as to whether or not 167
other investigative procedures have been tried and failed or why 168
they reasonably appear to be unlikely to succeed or to be too 169
dangerous if tried; 170
(d) A statement of the period of time for which the 171
interception is required to be maintained and, if the nature of 172
the investigation is such that the authorization for interception 173
should not automatically terminate when the described type of 174
communication is first obtained, a particular description of the 175
facts establishing probable cause to believe that additional 176
communications of the same type will occur after the described 177
type of communication is obtained; 178
(e) A statement whether a covert entry will be 179
necessary to properly and safely install the wiretapping or 180
electronic surveillance or eavesdropping equipment and, if a 181
covert entry is requested, a statement as to why such an entry is 182
necessary and proper under the facts of the particular 183
investigation, including a full and complete statement as to 184
whether other investigative techniques have been tried and have 185
failed or why they reasonably appear to be unlikely to succeed or 186
to be too dangerous if tried or are not feasible under the 187
circumstances or exigencies of time; 188
(f) A full and complete statement of the facts 189
concerning all applications known to the prosecutor making the 190
application that have been previously made to a judge for 191
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ST: Cell site simulator device; require law
enforcement agencies to obtain warrant before
using.
authorization to intercept wire, oral or other communications 192
involving any of the persons, facilities or places specified in 193
the application and of the action taken by the judge on each 194
application; * * * 195
(g) If the application is for the extension of an 196
order, a statement setting forth the results already obtained from 197
the interception or a reasonable explanation of the failure to 198
obtain results * * *; and 199
(h) If an application is made under this section to 200
authorize the use of a cell site simulator device, as defined in 201
Section 1 of this act, the application shall only be approved by 202
the judge if the application is accompanied by a search warrant 203
issued in accordance with Section 1 of this act. 204
(2) The judge may, in an ex parte in camera hearing, require 205
additional testimony or documentary evidence in support of the 206
application, and such testimony or documentary evidence shall be 207
preserved as part of the application. 208
SECTION 4. This act shall take effect and be in force from 209
and after July 1, 2027. 210