644-A:1 Definitions. – In this chapter: I. " Electronic communication service " means a service that provides users the ability to send or receive wire or electronic communications. II. " Electronic device " means a device that enables access to or use of an electronic communication service, remote computing service, or location information service, […]
644-A:2 Warrant Required for Acquisition of Location Information. – I. Except as provided in this chapter, a government entity shall not obtain location information from an electronic device without a warrant issued by a judge based on probable cause and on a case-by-case basis. II. No government entity shall place, locate, or install an […]
644-A:3 Exceptions to Warrant Requirement. – A government entity may obtain the location information without a warrant: I. To respond to a call for emergency services, including a request from an E-911 supervisor to an electronic communication service to determine the location of a cellular telephone when the supervisor informs the services that the […]
644-A:4 Conditions of Use of Location Information. – No individual or person shall, without consent, place, locate, or install an electronic device on the person or property of another and obtain location information from such electronic device. No such consent shall be required by the parent, foster parent, or legal guardian of a minor, […]
644-A:5 Action Against a Person. – This chapter shall not be construed to create a cause of action against a person or its officers, employees, or agents for providing location information to a government entity in accordance with the provisions of this chapter. Source. 2015, 262:1, eff. July 1, 2015.
644-A:6 Penalties. – I. Any individual acting or purporting to act for or on behalf of a federal, state, or local agency who purposely violates this chapter shall be guilty of a class B misdemeanor. II. An individual or person who is injured as a result of a violation of this chapter may file […]
