§ 15:1318 — Issuance of an order for a cellular tracking device

Louisiana § 15:1318

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§1318. Issuance of an order for a cellular tracking device
A. Upon an application made pursuant to R.S. 15:1317, the court may enter an ex
parte order authorizing the use of the cellular tracking device if the court finds that the
investigative or law enforcement officer has certified to the court that the information likely
to be obtained by such use is relevant to an ongoing felony criminal investigation, and that
the certification does include reasonable suspicion as required by R.S. 15:1317.
B. An order issued pursuant to the provisions of this Section shall specify, if
applicable:
(1) The telephone number or other unique subscriber account number identifying the
wire or electronic communications service account used by the device to which the cellular
tracking device is to be attached or used.
(2) The physical location, if known, of the device for which the cellular tracking
device is to be attached or used.
(3) The type of device to which the cellular tracking device is to be attached or used.
(4) All categories of metadata, data, or information to be collected by the cellular
tracking device from the targeted device including but not limited to geolocation information.
(5) Whether or not the cellular tracking device will incidentally collect metadata,
data, or information from any parties or devices not specified in the court order, and if so,
what categories of information or metadata will be collected.
(6) Any disruptions to access or use of a communications or internet access network
that may be created by use of the cellular tracking device.
(7) A statement of the offense to which the information is likely to be obtained by
the cellular tracking device.
C. An order issued pursuant to the provisions of this Section shall direct, upon
request of the applicant, the furnishing of information, facilities, and technical assistance
necessary to accomplish the use of the cellular tracking device under R.S. 15:1316 and 1317.
D.(1) An order issued pursuant to the provisions of this Section shall authorize the
use of a cellular tracking device for a period not to exceed sixty days.
(2) Extensions of such an order may be granted, but only upon an application for an
order pursuant to R.S. 15:1317 and upon the judicial finding required by the provisions of
this Section. The period of extension shall be for a period not to exceed sixty days.
E. An order authorizing or approving the use of a cellular tracking device shall direct
that:
(1) The order be sealed until otherwise ordered by the court.
(2) The person who has been ordered by the court to provide assistance to the
applicant may disclose the existence of the cellular tracking device to their own legal
counsel, but shall not disclose the existence of the cellular tracking device or the existence
of the investigation to the listed subscriber, or to any other person, unless or until otherwise
ordered by the court.
(3) If the approved applicant is a bail enforcement agent, the applicant shall enter
into the court record all information that is collected and obtained from the investigation
pursuant to the applicable court order.
F. The head of each law enforcement agency possessing or making application for
the use of a cellular tracking device shall establish and implement procedures which shall
provide for and ensure the following:
(1) That only the chief officer of the law enforcement agency or specifically
authorized representative of the agency chief shall have the authority to authorize the use of
a cellular tracking device and only pursuant to this Section and R.S. 15:1317.
(2) That no cellular tracking device in the possession of the law enforcement agency
shall be subject to unauthorized use.
G. A law enforcement agency authorized to use a cellular tracking device in
accordance with this Part shall do all of the following, if applicable:
(1) Take all steps necessary to limit the collection of any information or metadata to
the target specified in the applicable court order.
(2) Take all steps necessary to permanently delete any information or metadata
collected from any party not specified in the applicable court order immediately following
such collection and shall not transmit, use, or retain such information or metadata for any
purpose whatsoever.
(3) Delete any information or metadata collected from the target specified in the
court order within thirty-five days if there is no probable cause to support the belief that such
information or metadata is evidence of a crime.
H. For the purposes of this Part, "investigative or law enforcement officer" means:
(1) Any commissioned officer of the office of state police.
(2) Any full-time commissioned city police officer of a municipality of this state.
(3) Any sheriff or deputy sheriff of a parish of this state who has been specifically
designated by the sheriff of that parish as responsible for preparation of applications for use
of cellular tracking devices.
(4) The attorney general, or any assistant attorney general or attorney general's
investigator who has been specifically designated by the attorney general as responsible for
preparation of applications for use of cellular tracking devices.
(5) A federal law enforcement agent having the power to arrest for a violation of
federal law.
(6) A bail enforcement agent when both of the following have occurred relative to
the defendant who is the subject of the order:
(a) A bail undertaking with a commercial surety is in place for the defendant.
(b) A bench warrant has been issued for the defendant's failure to appear.

Legislative History

Acts 2016, No. 308, §2; Acts 2025, No. 140, §1.