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DE HB395

Bill

Status

Introduced

6/19/2012

Primary Sponsor

Darryl Scott

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Prohibits law enforcement and state/local agents from searching electronic communication devices (cell phones, laptops, personal digital assistants, etc.) without obtaining a probable cause warrant.

  • Prohibits law enforcement from intercepting geolocation information through mobile tracking devices or other technological means without first obtaining a court order.

  • Forbids intentional disclosure or use of information obtained in violation of the warrant and court order requirements.

  • Allows warrantless searches and geolocation interception only with device owner consent, during emergency services requests, or when an emergency exists involving immediate danger of death or serious physical injury, national security threats, or organized crime activities.

  • Requires law enforcement conducting emergency geolocation interception to apply for a court order within 48 hours after the interception occurs or begins.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Electronic Communication Device And Geolocational Privacy.

Last Action

Introduced and Assigned to Judiciary Committee in House

6/19/2012

Committee Referrals

Judiciary6/19/2012

Full Bill Text

No bill text available