Search warrant needed for acquisition of location information

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§648. Search warrant needed for acquisition of location information

Except as provided in this subchapter, a government entity may not obtain location information without a valid warrant issued by a duly authorized justice, judge or justice of the peace using procedures established pursuant to Title 15, section 55 or 56.   [PL 2017, c. 144, §5 (AMD).]

A justice, judge or justice of the peace may issue a search warrant for the location information of an electronic device pursuant to this section for a period of time necessary to achieve the objective of the authorization, but in any case the warrant is not valid for more than 14 days after the issuance. A justice, judge or justice of the peace may grant an extension of a warrant upon a finding of continuing probable cause and a finding that the extension is necessary to achieve the objective of the authorization. An extension may not exceed 30 days.   [PL 2017, c. 144, §5 (AMD).]

This subchapter does not apply to tracking devices, as defined in section 638, placed by law enforcement officers.   [PL 2019, c. 489, §13 (NEW).]

SECTION HISTORY

RR 2013, c. 1, §29 (RAL). PL 2013, c. 519, §6 (AMD). PL 2017, c. 144, §5 (AMD). PL 2019, c. 489, §13 (AMD).


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