16 §643. Notice
§643. Notice Notice must be given to the owner or user of a portable electronic device whose content information was obtained by a government entity. The notice requirements of this section do not apply if the government entity is unable to identify the owner or user of a portable electronic device. [PL 2019, c. […]
16 §644. Exceptions
§644. Exceptions 1. Consent of owner or user. When disclosure of portable electronic device content information is not prohibited by federal law, a government entity may obtain the information without a warrant with the informed, affirmative consent of the owner or user of the portable electronic device concerned, except when the device is known or […]
16 §645. Use of content information obtained in violation of this subchapter not admissible
§645. Use of content information obtained in violation of this subchapter not admissible Except as proof of a violation of this subchapter, evidence obtained in violation of this subchapter is not admissible in a criminal, civil, administrative or other proceeding. [PL 2013, c. 402, §1 (NEW).] Revisor’s Note: §645. Conditions of use of location […]
16 §646. Violations; injunctive relief
§646. Violations; injunctive relief A person damaged as a result of a violation of this subchapter has a cause of action in court against a government entity that fails to comply with the provisions of this subchapter, and the court may award injunctive relief. [PL 2013, c. 402, §1 (NEW).] Revisor’s Note: §646. Action […]
16 §647. Definitions (REALLOCATED FROM TITLE 16, SECTION 641)
§647. Definitions (REALLOCATED FROM TITLE 16, SECTION 641) As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [RR 2013, c. 1, §28 (RAL).] 1. Adverse result. “Adverse result” means: A. Immediate danger of death or serious physical injury to any person; [PL 2019, c. […]
16 §648. Search warrant needed for acquisition of location information
§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, […]
16 §649. Notice (REALLOCATED FROM TITLE 16, SECTION 643)
§649. Notice (REALLOCATED FROM TITLE 16, SECTION 643) Notice must be given to the owner or user of an electronic device whose location information was obtained by a government entity. The government entity’s notification obligation applies only if the government entity is able to identify the owner or user. [RR 2013, c. 1, §30 […]
16 §650. Exceptions to warrant requirement (REALLOCATED FROM TITLE 16, SECTION 644)
§650. Exceptions to warrant requirement (REALLOCATED FROM TITLE 16, SECTION 644) When disclosure of location information is not prohibited by federal law, a government entity may obtain the location information without a warrant: [RR 2013, c. 1, §31 (RAL).] 1. Emergency services. To respond to the user’s call for emergency services; [RR 2013, […]
16 §650-A. Conditions of use of location information (REALLOCATED FROM TITLE 16, SECTION 645)
§650-A. Conditions of use of location information (REALLOCATED FROM TITLE 16, SECTION 645) 1. Conditions of use of location information in proceeding. Location information obtained pursuant to this subchapter or evidence derived from that information may be received in evidence or otherwise disclosed in a trial, hearing or other proceeding only if each party, not […]
16 §650-B. Action against a corporation (REALLOCATED FROM TITLE 16, SECTION 646)
§650-B. Action against a corporation (REALLOCATED FROM TITLE 16, SECTION 646) This subchapter may not be construed to create a cause of action against a corporation or its officers, employees or agents for providing location information. [RR 2013, c. 1, §33 (RAL).] SECTION HISTORY RR 2013, c. 1, §33 (RAL).