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CO SB193

Bill

Status

Passed

6/6/2014

Primary Sponsor

Morgan Carroll

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Requires government entities to obtain a search warrant, subpoena, or court order before accessing location information from electronic devices, aligning Colorado law with the Fourth Amendment as interpreted in United States v. Jones.

  • Defines key terms including "location information" (data generated from cellular networks or location services rather than service providers), "electronic device," and "government entity" to establish scope of the law.

  • Permits warrantless location access in specific circumstances: stolen device reports, emergency service responses, informed consent from owner/next of kin/parent, exigent circumstances, good faith belief in legality, voluntary public disclosure, abandoned devices, and other judicially recognized exceptions.

  • Excludes probation departments within the Judicial Department and the Division of Adult Parole from the warrant requirement, and exempts law enforcement obtaining basic subscriber information via valid subpoena, court order, or search warrant.

  • Makes evidence obtained in violation of this section inadmissible in civil, criminal, or administrative proceedings and prohibits its use in probable cause affidavits; requires courts to review warrants and affidavits before admitting location evidence at trial.

Legislative Description

Location Information After US v Jones

Last Action

Governor Signed

6/6/2014

Committee Referrals

Committee of the Whole5/5/2014
State, Veterans, and Military Affairs5/1/2014
Committee of the Whole4/23/2014
Judiciary4/14/2014

Full Bill Text

No bill text available