(1)
As used in this section, unless the context otherwise requires:
(a) Electronic communication service means a service that provides the
ability to send or receive wire or electronic communications to users of the service.
(b) Electronic device means a device that enables access to or use of an
electronic communication service, remote computing service, or location
information service.
(c) Government entity means a state or local agency, including but not
limited to a law enforcement entity or any other investigative entity, agency,
department, division, bureau, board, or commission, or an individual acting or
purporting to act for or on behalf of a state or local agency.
(d) Location information means information concerning the location of an
electronic device that, in whole or in part, is generated or derived from or obtained
by the operation of an electronic device on a cellular telephone network or a
location information service rather than obtained from a service provider.
(e) Location information service means the provision of a global positioning
service or other mapping, locational, or directional information service.
(f) Remote computing service means the provision of computer storage or
processing services by means of an electronic communications system.
(2) Except as provided in subsection (3) or (4) of this section, a government
entity shall not obtain the location information of an electronic device without a
search warrant issued by a court pursuant to the provisions of this part 3, a
subpoena, or a court order.
(3) A government entity may obtain location information of an electronic
device without a warrant, subpoena, or court order under any of the following
circumstances:
(a) The device is reported stolen by the owner;
(b) In order to respond to the user's call for emergency services;
(c) With the informed, affirmative consent of:
(I) The owner or user of the electronic device;
(II) The next of kin of the owner or user of the electronic device if the owner
or user is believed to be deceased or is reported missing and unable to be
contacted; or
(III) The child's parent or legal guardian if the owner or user is under
eighteen years of age;
(d) There exist exigent circumstances such that the search would be
recognized as constitutionally permissible without the warrant;
(e) A representative of the government entity has a good faith belief that his
or her actions were legal and, under the information available at the time, a
reasonable person would believe that his or her actions were legal;
(f) The owner or user of the electronic device has voluntarily or publicly
disclosed the location information;
(g) The electronic device has been abandoned by the owner or user; or
(h) In accordance with any other judicially recognized exception to the
search warrant requirement.
(4) The provisions of this section do not apply to probation departments
within the judicial department or to the division of adult parole within the
department of corrections.
(5) Any evidence obtained in violation of this section is not admissible in a
civil, criminal, or administrative proceeding and shall not be used in an affidavit of
probable cause in an effort to obtain a search warrant, subpoena, or court order. In
order to seek suppression of evidence pursuant to this subsection (5) in any
proceeding, the person seeking the suppression of evidence must have an
ownership, leasehold, rental, or legitimate possessory interest in or a reasonable
expectation of privacy in the electronic device at issue.
(6) (a) A court shall not admit location information obtained pursuant to this
section or evidence derived from that information at a trial, hearing, or other
proceeding unless the party seeking to introduce the evidence provides a copy of
the warrant, subpoena, or court order and any accompanying affidavit to each party
pursuant to rule 16 of the Colorado rules of criminal procedure, or any successor
rule.
(b) A court may waive the requirement under paragraph (a) of this subsection
(6) if the court finds that it was not possible to provide a party with the warrant,
subpoena, or court order and any accompanying application within the time
required by rule 16 of the Colorado rules of criminal procedure, or any successor
rule, and that the party will not be prejudiced by the delay in receiving the
information.
(7) An electronic communication service provider and its officers, employees,
or agents are not liable for providing information, facilities, or assistance in
compliance with the terms of a search warrant, subpoena, or court order issued
pursuant to this section or when provided without a warrant, subpoena, or court
order issued pursuant to this section or if otherwise provided for by law.
(8) This section does not apply to a law enforcement agency obtaining basic
subscriber information from an electronic communications service provider
pursuant to a valid subpoena, court order, or search warrant.