SB 144 – Searches of Cellular Phones and Other Electronic Devices (Florida, 2021)

• Requires law enforcement to obtain a search warrant supported by probable cause before accessing content held on cellular phones, portable electronic communication devices, or microphone-enabled household devices (e.g., smart speakers), and before conducting real-time location tracking or acquiring historical location data

• Prohibits the use in any trial, hearing, or proceeding of content obtained from a cellular phone, portable electronic communication device, or microphone-enabled household device without a search warrant, except where a warrant is not legally required

• Defines new terms including "portable electronic communication device," "microphone-enabled household device," "real-time location tracking," "historical location data," and "mobile tracking device," and expands the definition of "oral communication" to include communications made using microphone-enabled household devices

• Replaces court orders with search warrants as the authorization mechanism for wiretaps, electronic communication interception, and mobile location tracking, while allowing emergency tracking for up to 48 hours before obtaining a warrant in cases involving immediate danger of death, serious injury, or prisoner escape

• Requires law enforcement to return executed location-tracking search warrants to the issuing judge and serve a copy on the person tracked within 10 days, with courts authorized to postpone notice in 90-day increments for good cause; tracking warrants are limited to 45-day periods with extensions available