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DE HB215

Bill

Status

Introduced

6/28/2011

Primary Sponsor

Edward Bennett

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Establishes procedures for law enforcement installation and use of mobile tracking devices by requiring a prior court order from the Superior Court.

  • Requires applications to include the identity of the investigating officer and agency, plus an oath that obtained information is relevant to an ongoing criminal investigation.

  • Authorizes Superior Court to issue ex parte orders for mobile tracking device installation and use for up to 90 days upon finding that information is relevant to a criminal investigation, with extensions available for additional 90-day periods.

  • Orders must specify the identity of the person or object being tracked, the subject of the investigation, the location and nature of the tracked object or vehicle, and the related offense.

  • Prohibits installation or monitoring of devices in locations with reasonable privacy expectations unless the court finds exigent circumstances or probable cause that criminal activity is occurring in that location.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To The Investigative Use Of Mobile Tracking Devices.

Last Action

Introduced and Assigned to Judiciary Committee in House

6/28/2011

Committee Referrals

Judiciary6/28/2011

Full Bill Text

No bill text available