Loading chat...
NC H148
Bill
Status
3/25/2021
Primary Sponsor
Allen McNeill
Click for details
AI Summary
-
Authorizes State Bureau of Investigation agents to install and use pen registers or trap and trace devices in emergency situations without a prior court order, with supervisor permission.
-
Requires agents to seek court approval within 48 hours of installation; information obtained without subsequent court approval is inadmissible as evidence in criminal prosecution unless otherwise admissible under law.
-
Permits emergency warrantless use in two situations: (1) immediate danger of death or serious bodily injury requiring device installation before obtaining a court order, or (2) disappearance of an individual, runaway child, or missing person in immediate danger without an apparent criminal charge.
-
Expands definition of "pen register" to include location data (GPS coordinates, triangulation data, distance to tower measurements) and clarifies that "location data" does not include communication contents.
-
Requires emergency device use to terminate immediately when information is obtained, application for court order is denied, or 48 hours have elapsed since installation, whichever occurs first; violations constitute Class 1 misdemeanor.
Legislative Description
SBI Emergency Pen Register/Trap and Trace
Public
Last Action
Ref To Com On Rules and Operations of the Senate
3/25/2021