§ 35-33-5-12 — Use of real time tracking instruments; geolocation information

Indiana § 35-33-5-12

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 5: Search and Seizure

Text

(a) A law enforcement officer or law
enforcement agency may not use a real time tracking instrument that is
capable of obtaining geolocation information concerning a cellular
device or a device connected to a cellular network unless:
(1) the law enforcement officer or law enforcement agency has
obtained an order issued by a court based upon a finding of
probable cause to use the tracking instrument; or
(2) exigent circumstances exist that necessitate using the tracking
instrument without first obtaining a court order.
(b) If a law enforcement officer or law enforcement agency uses a
real time tracking instrument described in subsection (a) based upon
the existence of exigent circumstances, the law enforcement officer or
law enforcement agency shall seek to obtain an order issued by a court
based upon a finding of probable cause not later than seventy-two (72)
hours after the initial use of the real time tracking instrument.

Legislative History

As added by P.L.170-2014, SEC.22.