Use of imaging surveillance device -- Warrant required -- Exceptions.

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  • (1) Except as provided in Subsection (2), a government entity may not operate an imaging surveillance device without a search warrant issued upon probable cause.
  • (2) A government entity may operate an imaging surveillance device without a search warrant:
    • (a) for testing equipment or training if the testing or training:
      • (i) is not conducted as part of an investigation or law enforcement activity; and
      • (ii) is conducted with the knowledge and consent of:
        • (A) each individual who is imaged; and
        • (B) an owner of each property that is imaged;
    • (b) in exigent circumstances; or
    • (c) in fresh pursuit of a person suspected of committing a felony.




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