§ 8101. Definitions As used in this chapter: (1) “Adverse result” means: (A) danger to the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) serious jeopardy to an investigation or undue delay of a trial. (2) “Electronic communication” […]
§ 8102. Limitations on compelled production of electronic information (a) Except as provided in this section, a law enforcement officer shall not compel the production of or access to protected user information from a service provider. (b) A law enforcement officer may compel the production of or access to protected user information from a service […]
§ 8103. Notice to user or subscriber (a) Except as otherwise provided in this section, a law enforcement officer who executes a warrant or obtains electronic information in an emergency pursuant to subdivision 8102(b)(4) of this section shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated […]
§ 8104. Exclusive remedies for a violation of this chapter (a) A defendant in a trial, hearing, or proceeding may move to suppress electronic information obtained or retained in violation of the U.S. Constitution, the Vermont Constitution, or this chapter. (b) A defendant in a trial, hearing, or proceeding shall not move to suppress electronic […]
§ 8105. Execution of warrant for information kept by service provider A warrant issued under this chapter may be addressed to any Vermont law enforcement officer. The officer shall serve the warrant upon the service provider, the service provider’s registered agent, or, if the service provider has no registered agent in the State, upon the […]
§ 8106. Service provider’s response to warrant (a) The service provider shall produce the items listed in the warrant within 30 days unless the court orders a shorter period for good cause shown, in which case the court may order the service provider to produce the items listed in the warrant within 72 hours. The […]
§ 8107. Criminal process issued by Vermont court; reciprocity (a) Criminal process, including subpoenas, search warrants, and other court orders issued pursuant to this chapter, may be served and executed upon any service provider within or outside the State, provided the service provider has contact with Vermont sufficient to support personal jurisdiction over it by […]
§ 8108. Real time interception of information prohibited A law enforcement officer shall not use a device that via radio or other electromagnetic wireless signal intercepts in real time from a user’s device a transmission of communication content, real time cellular tower-derived location information, or real time GPS-derived location information, except for purposes of locating […]
