Section 12-32-1. – Definitions.
§ 12-32-1. Definitions. As used in this chapter: (1) “Adverse result” means: (i) Endangering the life or physical safety of an individual; (ii) Flight from prosecution; (iii) Destruction of, or tampering with, evidence; (iv) Intimidation of potential witnesses; or (v) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. (2) “Electronic device” means any […]
Section 12-32-2. – Requirement for warrant.
§ 12-32-2. Requirement for warrant. No agent of the state, or any political subdivision of the state, shall obtain location information without a warrant unless a warrant requirement exception applies. History of Section.P.L. 2016, ch. 411, § 1; P.L. 2016, ch. 412, § 1.
Section 12-32-3. – Notice.
§ 12-32-3. Notice. (a) Unless delayed under subsection (b), notice to the affected customer or subscriber is required not later than five (5) days after an agent of the state, or any political subdivision of the state, receives location information under this chapter that is obtained with or without a warrant; provided no notice shall […]
Section 12-32-4. – Exceptions.
§ 12-32-4. Exceptions. (a) Notwithstanding any other provision of this chapter, an agent of the state, or any political subdivision of the state, may obtain location information from a service provider without obtaining a warrant under the following circumstances: (1) In order to respond to the user’s call for emergency services; (2) In order to […]
Section 12-32-5. – Reporting requirements.
§ 12-32-5. Reporting requirements. (a) By January 31 of each calendar year, each law enforcement agency that collected any location information from electronic devices in the previous calendar year shall issue a report identifying the number of warrants issued for location information for an electronic device that were approved and denied in the previous year, […]
Section 12-32-6. – Immunity from liability.
§ 12-32-6. Immunity from liability. No cause of action shall lie in any court against a service provider or such provider’s officers, employees, agents, or other specified persons, for providing information, facilities, or assistance in accordance with the terms of any court order, warrant, or for providing information in reliance on representations by law enforcement […]