HB 5587 Summary

• Expands the definition of "property" in search warrant statutes to include records and data, and defines "tracking device" as an electronic or mechanical device that permits tracking the movement of a person or object.

• Authorizes judges to issue warrants for installation and use of tracking devices upon a showing of probable cause that the device will yield evidence of a criminal offense, with installation required within ten days and use limited to thirty days (extendable for an additional thirty days upon good cause).

• Permits search warrants for records or data held by foreign corporations or business entities that transact business in Connecticut, including electronic communication and remote computing service providers, with service by hand, mail, commercial delivery, facsimile, or electronic transmission and a five business day response deadline.

• Requires that tracking device warrants be returned after the authorized tracking period ends, with the tracked person or property owner receiving copies of the application and affidavits within ten days after tracking ceases (subject to exceptions for confidential informant safety, ongoing investigations, or prohibited disclosures).

• All provisions take effect October 1, 2014, and address issues from State v. Esarey (2013) regarding extraterritorial warrants for electronic data and United States v. Jones (2012) regarding GPS tracking device attachment and monitoring.