§ 15-5-50 — Warrant for Tracking Device Installation; Requirements; Procedures

Alabama § 15-5-50

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 5: Searches and Seizures
• Art. 3A: Criminal Surveillance

Text

(a) Any circuit or district court judge in this state is authorized to issue a warrant to install a tracking device. The term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object.
(b) Upon the written application, under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure 1.4, district attorney, or Attorney General of the state, including assistant and deputy district attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device. The warrant application shall do all of the following:
(1) State facts sufficient to show probable cause that a crime is being, has been, or is about to be committed in the jurisdiction of the issuing judge.
(2) Identify the person, if reasonably determinable, or object, or both, that is, was, or will be involved in the commission of the alleged offense.
(3) Describe, with particularity, the item or person, or both, to be tracked by use of a tracking device.
(c)(1) A warrant for a tracking device shall identify the person, if reasonably determinable, or the object to be tracked, or both, and specify a reasonable length of time that the tracking device may be used, not to exceed 45 days from the date that the warrant was issued unless the issuing judge grants one or more extensions for a reasonable time not to exceed 45 days each, based on new, renewed, or ongoing probable cause.
(2) The warrant shall include the authorization for access to and into the object that will be tracked and any building, dwelling, structure, or curtilage in which the object is located for the limited purpose of installing the tracking device or for maintenance, repair, or retrieval of the tracking device. The warrant shall state that the tracking device may be installed, repaired, maintained, or retrieved at any time during the day or night. However, access to and into any building, dwelling, structure, or curtilage in which the object is located shall be limited to the daytime unless the affidavit sets out that the purpose of the tracking device is to investigate a crime involving a controlled substance, an explosive device or material used or to be used in creating an explosive device, or chemical, biological, or nuclear materials used or to be used in creating an explosive device or a weapon of mass destruction, or an emergency situation involving danger to a person, at which point access to and into any building, dwelling, structure, or curtilage in which the object is located may be allowed at any time of the day or night. The time of day for access to and into any building, dwelling, structure, or curtilage shall be set out in the warrant. The device may be monitored at any time of the day or night.
(3) The warrant shall command the officer to do all of the following:
a. Install the tracking device upon the person or object to be tracked while the person or object is within the jurisdiction of the judge issuing the warrant.
b. Complete the installation within 10 days from the date the warrant is issued.
c. Require that the law enforcement officer make a written return of the warrant within 10 days after the use of the tracking device has ceased, and the device removed if possible, to the judge issuing the warrant or other authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available setting out the time period or time periods that surveillance occurred. If the device was not able to be removed, require an explanation as to why the device was not removed.
(d) The law enforcement officer executing the warrant shall do all of the following:
(1) Enter on the warrant the date and time the device was installed and the period during which it was used.
(2) Within 10 days after the use of the tracking device has ended, return the warrant with a copy of the inventory that sets out the time period for which the tracking device was active, a statement that the device was removed, or an explanation as to why the device was not removed, to be listed on the inventory, to the issuing judge or other authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available, and serve a copy of the warrant on the person who was tracked or whose property was tracked. Service may be accomplished by delivering a copy of the warrant to the person who was tracked or whose property was tracked, leaving a copy at that person’s residence or usual place of abode with an individual of suitable age and discretion who resides at that location, or mailing a copy to the person’s last known address. Upon request of the state, the judge may delay notice as provided in subsection (f).
(e) The law enforcement officers involved in the investigation shall retrieve or cause to be retrieved the tracking device as soon as it is practicable prior to the expiration of the warrant. If retrieval is not practicable, monitoring of the mobile tracking device shall cease on expiration of the warrant.
(f) With respect to a warrant issued pursuant to this section, notice to the person who was tracked or whose property was tracked may be delayed upon the request of the applicant if the following applies:
(1) The court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result. An adverse result means any of the following:
a. Endangerment 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.
e. Any occurrence that would otherwise seriously jeopardize an investigation or unduly delay a trial.
(2) The warrant provides that notice shall be given within a reasonable period not to exceed 90 days after the date the warrant was returned to the issuing judge or authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available. The delay may be extended by the court if the court determines that there is a continuous finding of an adverse result, subject to the condition that an extension shall only be granted upon an updated showing of the need for further delay. Each additional delay shall be limited to a period of 90 days or less, unless the facts of the case justify a longer period, provided, however, that the delayed notification shall be no later than the date of arrest of the individual who was tracked or whose property was tracked if the arrest is based wholly or in part upon the results of the tracking device or other information discovered as part of the investigation in which the tracking device was used.
(g) The warrant shall direct that the affidavit, application, warrant, inventory, and return be sealed until notice is given to the person who was tracked or whose property was tracked.
(h) If an authorized judge issues a warrant for a tracking device in accordance with this section, the device shall be installed in any county within the jurisdiction of the issuing judge.
(i) Upon obtaining a warrant for a tracking device or any other electronic device for which location information may be obtained as authorized by Section 15-5-40, the device may be monitored from, or information regarding the device obtained while in, any location within this state regardless of the location of the device itself, even if the device is transported throughout or outside of this state, unless otherwise prohibited by federal law.

Legislative History

(Act 2016-340, §1.)