MS HB85

Requires law enforcement agencies to obtain a search warrant based on probable cause before using a cell site simulator device to collect location information, stored data, or transmitted data from a communications device.

Allows warrantless use of cell site simulator devices only when law enforcement determines probable cause exists that a person committed an act of terrorism and exigent circumstances exist that require immediate use to prevent imminent loss of life or bodily injury.

Requires deletion of incidentally collected data from non-target devices within 48 hours of collection during warranted use, or within 24 hours during warrantless use.

Limits warrantless use to 24 hours or until a warrant request is denied, whichever occurs first, and requires deletion of all collected data unless a warrant is subsequently granted.

Amends Sections 41-29-701 and 41-29-513 to require that any application to use a cell site simulator device must be accompanied by a search warrant issued under the new requirements, effective July 1, 2019.