IL SB2808

Law enforcement agencies must obtain a court order based on probable cause before obtaining current or future location information about a person or their property, with orders limited to 60-day periods renewable upon showing good cause.

Exceptions to the court order requirement include: emergency calls for service, consent of the device owner, publicly available information on social media or IP addresses, monitoring conditions from criminal sentences or release, locating missing persons, and devices owned by the law enforcement agency itself.

Emergency situations allow law enforcement to obtain location information without prior court approval only when necessary to protect officers or when involving kidnapping, hostage situations, abductions, organized crime, national security threats, or felony computer attacks, with court approval required within 72 hours.

Location information obtained in violation of the act's requirements is presumed inadmissible in judicial proceedings unless the state proves a Fourth Amendment exception applied or the officer acted in good faith based on a reasonable belief that an exception existed.

The act does not apply to obtaining basic subscriber information (name, address, phone records, payment methods) from service providers under valid subpoena, court order, or search warrant.