Obtaining Cell Phone "Ping" Warrants
0300-509.10 | Issued Date: 9/12/2022

Overview

This policy addresses how to obtain cell phone ping warrants while investigating youth abductions, runaways, and CSEC youth.

Table of Contents

Version Summary

This is a new policy on when and how to obtain cell phone warrants to help locate an abducted, concealed or missing youth by tracking the location of the youth’s cell phone, in the course of an active youth abuse investigation.

POLICY

Cell Phone Ping Warrants

DCFS may locate and recover abducted, concealed, and missing youth by tracking the youth and/or their abductor through cell phone movement. The practice is commonly referred to as "pinging" a cell phone. A cell phone "ping" is the act of determining the location of a cell phone and, thereby, the cell phone's user. When a cell phone is active, it sends a signal, which "pings" off cell towers closest to where the cell phone is located. That signal is translated into a GPS position, with latitude and longitude coordinates. The "pings" are stored by the company that is providing cell service to that phone (e.g..: T-mobile, Verizon, AT&T, etc.). They can provide valuable information used in locating and recovering abused, neglected, and/or exploited youth.

Pinging a cell phone is a search and seizure of the cell phone subscriber's location records. As such, pinging a cell phone is subject to established search and seizure laws. As a result, a Children's Social Worker (CSW) must obtain a specialized investigative search warrant in order to ping a cell phone. The Cell Phone Ping Warrant (Ping Warrant) is directed to the company that is providing cell phone service to the target phone. The Ping Warrant orders the mobile company to deliver the real-time GPS location “ping” of the identified target phone number. The company then delivers the ping data via e-mail, every 15 minutes, 24 hours per day, 7 days per week, until the warrant expires in 30 days. The Ping Warrant can also provide subscriber information (who the phone is registered to) and historical data (where the phone was used in the past thirty days). This information can be useful in attempting to pin point a location for the cell phone.

Requirements for a Ping Warrant

The CSW must have all the following in order to request a Ping Warrant:

  1. A WIC section 300 petition has been filed on behalf of the youth;
  2. A Missing Person's Report for the youth has been filed with law enforcement;
  3. DCFS has an active cell phone number of (a) the person(s) believed to have physical custody of the abducted/concealed/missing youth, (b) the abducted/concealed/missing youth, or (c) a person believed to transport and/or care for the abducted/concealed/missing youth; and
  4. There is an active protective custody warrant issued by the Juvenile Court pursuant to WIC 340(a).

As indicated in #3, an active (in use) cell number that is in some way, connected to the missing minor is required. Usually, that is the cell phone number of the alleged abductor, someone connected to the abduction, or the runaway or missing minor. However, a ping can be requested on any cell phone number if there is probable cause to believe that the cell phone location will result in locating the missing youth.

When requesting a Ping Warrant, do not inform the parents, the attorneys for the parents and youth, or any relatives regarding the Ping Warrant. If alerted, the person may turn off their cell phone or cancel the service, rendering the warrant useless. Do not include in any report to the court that a Ping Warrant has been requested.

How Pinging Works

If there is an active cell phone, the ping data generated by that phone does not guarantee an exact location, and often provides an estimate, which can be used along with other investigative techniques to locate the youth. Some pings can be miles from the actual phone, while some can be in the general vicinity. As the phone is moved around, so will the pings. A phone may ping off different towers from the same residence, as the user moves around. Software is used to keep track of the behavior pattern of the positions being pinged. When a behavior pattern emerges, the person tracking the ping data is able to get an approximate location of where the cell phone and its user are located.

Once a pattern in the ping data emerges, that information is relayed to law enforcement to seek their assistance in checking the location to see if the missing youth is present. If the youth is located in a public place, such as a retail store, restaurant, or a park, the youth may be detained on the spot utilizing the WIC 340(a) protective custody warrant. If the youth is located in a private residence, consent of the homeowner is needed to enter the home and detain the youth. If the homeowner does not consent, or if consent will not be sought, due to flight risk, DCFS will need to assess for exigency or warrant to enter the location. When the missing youth is back in DCFS care, follow the procedures in Missing or Absent from Care Children/Nonminor Dependents.

PROCEDURE

Requesting a Cell Phone Ping Warrant

CSW Responsibilities

  1. When DCFS would like to locate an abducted/concealed/missing youth and a WIC 300 petition has been filed in the Juvenile Court, DCFS may request a Ping Warrant so long as the requesting CSW has all the following:

    1. An active cell phone number that is likely to assist in locating the abducted/concealed/missing youth.
    2. A copy of the Missing Person's Report from law enforcement.
    3. A copy of the WIC 340(a) protective custody warrant issued for the abducted/concealed/missing youth.
  2. For questions prior to requesting the warrant, please consult with County Counsel, Alyssa Skolnick at askolnick@counsel.lacounty.gov or the Child_Abduction_Unit@dcfs.lacounty.gov.
  3. To request the Ping Warrant, create a Warrant Consultation Request in the Warrant Tracking System through CWS/CMS. Note: If you are unable to create a Warrant Consultation Request in CWS/CMS contact the Warrant Desk at (323) 729-2284 from 8:00 a.m. to 5:00 p.m. If after 5:00 p.m., contact the Emergency Response Command Post Warrant Liaisons at (213) 639-4500.
  4. When requested by a Warrant Liaison, provide all of the following:
    1. Details of current investigation and summary of the allegations of abuse, neglect, and/or exploitation.
    2. Missing Person's Report number for the youth.
    3. Copy of the active protective custody warrant issued by the Juvenile Court pursuant to WIC 340(b).
    4. How the target cell phone number is connected to the family, and how it is likely to assist in locating the youth.
  5. If there is a disagreement regarding the way to proceed, contact your Regional Administrator (RA) for final resolution.
  6. If instructed, prepare a Warrant Package:

Forms/Documentation

Description

CWS/CMS Case Notes

  • Completed/updated contacts for use when drafting the DCS 4382-C, Statement of Cause

DCFS 4381, Warrant Fact Sheet

  • Description of the CSW’s education and experience
  • Summary of the case history
  • Section “B” to indicate the warrant review time frame
  • Regular Warrant
  • Expedited Warrant After-hours Warrant

DCFS 4382-C, Statement of Cause

  • This is a statement drafted under penalty of perjury and must be completed accurately.
  • Complete in chronological order.
  • Describe attempts to locate the youth and reasons for the ping warrant. Must include the following or risk denial of the warrant:
  • Detailed explanation of the connection between the owner of the phone number and the circumstances surrounding the missing child
  • Dates of contact DCFS had with the owner of the phone
  • Document the owner’s refusal or lack of cooperation, in disclosing the youth’s whereabouts, etc.
  • If prior dependency history, include outcome of the prior court case or status of current dependency involvement
  • Do not inform anyone on the case that you are submitting a cell phone ping warrant as it may lead to mother/ father/ guardian/ caretaker or the suspect finding out that their phone is being tracked.

A copy of the Protective Custody Order issued in Juvenile Court

 

The number of and copy of the Missing Person’s Report

 
7.  Upon completion of the Warrant Packet, CSW must submit the above mentioned documents to supervisors for review and approval prior to submitting to the Warrant Liaisons.
8.  Submit the Warrant Package to the Warrant Liaison. All paperwork need to be emailed to the Warrant Liaison at WarrantDocuments@dcfs.lacounty.gov. The Warrant Fact Sheet and Statement of Cause are to be in in Word format, to allow County Counsel to make any changes. The attachments, including the Protective Custody Warrant and Missing Person's Report, may be scanned.
  • Be available to conduct a conference call with the on-call County Counsel to make any necessary changes to the Warrant Package.
9.  Be available via office phone or cell phone once a Ping Warrant is filed as a judge may contact the CSW to inquire about the Warrant request.
10.  If the judge denies the warrant request, document the refusal and consult with County Counsel and your SCSW for further instructions.
11. Document all efforts made in obtaining the Ping Warrant.

SCSW Responsibilities

  1. Review the Warrant Package.
    1. Ensure all material required is included and the information is accurate.

Warrant Liaison Responsibilities

  1. Review the Warrant Package for completeness.
    • Send the DCFS 4381 and 4382-C to the on-call County Counsel for review and preparation of the Ping Warrant Application.
  2. Forward the Statement of Cause and Removal Order Application to the CSW to review for accuracy and signatures. Prepare the warrant packet for Court submission.
  3. If applicable, inform the CSW that they are expected to remain available via telephone or cell phone during the Judge’s review, in case the Judge has questions or need for clarification.

County Counsel Responsibilities

  1. Verify that any additional information/changes requested by County Counsel to strengthen the Warrant Application has been incorporated, prior to sending the SOC to be processed by Warrant Liaison.

Serving the Cell Phone Ping Warrant

County Counsel Responsibilities

Once the Ping Warrant is signed by the judge, County Counsel will submit the Ping Warrant to the phone carrier and notify the CSW that the Ping Warrant has been granted and provide a copy via email. The phone carrier will supply data on the location of the cell phone. If sufficient data is obtained to determine a possible location of the missing youth/nonminor dependent, County Counsel will consult with the CSW to determine next steps.

CSW Responsibilities

CSWs who have requested a Ping Warrant must make themselves available to discuss the ping results with County Counsel. Ping data is time sensitive and must be acted on immediately. The CSW may seek law enforcement for their assistance in recovering the youth.

  1. Identify the DCFS point persons who will need to be available to answer questions when the ping data starts to come in.
  2. Consult with County Counsel on options, including:
    1. Respond with Law Enforcement to locations identified in the Ping data results.
    2. Seek Investigative Search Warrants for any addresses identified in the Ping data results.
APPROVALS

County Counsel

  • Warrant Package

Warrant Liaison

  • Warrant Package

SCSW Approval

  • Warrant Package
HELPFUL LINKS

Forms

CWS/CMS

Warrant Consultation Request

LA Kids & CWS/CMS

DCFS 4381, Warrant Fact Sheet

DCFS 4382-A, Application for Investigative Search Warrant

DCFS 4382-B, Application for Investigative Search Warrant with Request for Medical or Sexual Abuse Examination

DCFS 4382-C, Statement of Cause for Investigative Search Warrant

DCFS 4383-A, Statement of Cause for Removal Order

DCFS 4384, Return to Warrant

DCFS 4385-A, School Interview Order Application

DCFS 4385-B, School Interview Order Instruction Sheet

DCFS 4385-C, Superior Court Removal Order Request - Single Youth

DCFS 4385-D, Superior Court Removal Order Request – Sibling Set

DCFS 4385-E, Request to Expedite

DCFS 4385-F, After Hours Removal Order Review Request

Remedial Care Application

REFERENCED POLICY GUIDES
STATUTES AND OTHER MANDATES

Family Code Section 6920 - States that it is subject to the limitations provided in this chapter, notwithstanding any other provision of law, a minor may consent to the matters provided in this chapter, and the consent of the minor’s parent or guardian is not necessary.

Welfare and Institutions Code (WIC) Section 306 - States when a social worker can take a youth into temporary custody from law enforcement and without a warrant. Further states that reasonable services should be provide to prevent taking the youth into temporary custody.

WIC 309(a) - States upon delivery to the social worker of a youth who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the youth and the facts surrounding the youth's being taken into custody and attempt to maintain the youth with the youth's family through the provision of services. The social worker shall immediately release the youth to the custody of the youth's parent, guardian, or responsible relative under certain conditions.

WIC 340(a) - States in part that a protective custody warrant may be issued immediately for the youth who is or allegedly falls within section 300, appears to the court that the circumstances of the youth’s home environment may endanger the health, person or welfare of the youth, and/or whenever a dependent youth has run away from their court ordered placement.