SB1918 - Freedom From Cell Phone Location Surveillance Act

• Law enforcement agents must obtain a search warrant based on probable cause (renewable for up to 30 days) or an arrest warrant before accessing cell phone location information

• Emergency exceptions allow law enforcement to access location data without a warrant when: responding to emergency calls from the cell phone user, obtaining express consent from the subscriber/user, or protecting someone from imminent danger of death or great bodily harm

• For imminent danger situations, law enforcement must document the factual basis for the emergency and provide the application to the State's Attorney within 48 hours; any use beyond 48 hours requires a warrant

• Cell phone location information obtained without compliance with this Act is inadmissible as evidence in court, unless the state proves it would have been discovered through lawful means

• Courts retain independent authority to exclude location evidence on other grounds or for violations of the Fourth Amendment and Illinois Constitution