AL HB96

Circuit or district court judges may issue warrants authorizing law enforcement to install, maintain, repair, use, or monitor tracking devices on persons or objects upon written application under oath showing probable cause.

Warrant applications must state facts showing probable cause that a crime is being, has been, or is about to be committed, identify the person or object to be tracked with particularity, and the warrant may not exceed 45 days unless extended by the judge for additional 45-day periods.

Officers must install the tracking device within 10 days of warrant issuance, enter installation date and time on the warrant, and file a written return within 10 days after surveillance ends, including device removal status or explanation for non-removal.

Access to buildings, dwellings, or structures to install or maintain the device is limited to daytime unless the investigation involves controlled substances, explosives, chemical/biological/nuclear weapons, or emergency danger to a person.

Notice of warrant execution may be delayed up to 90 days if the court finds reasonable cause that immediate notification would endanger life, enable flight, destroy evidence, intimidate witnesses, or jeopardize the investigation, with extensions possible upon updated showing of need.