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2012 -- S 3074 | |
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LC02828 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS | |
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Introduced By: Senator Donna M. Nesselbush | |
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Date Introduced: June 12, 2012 | |
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Referred To: Placed on Senate Calendar | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby |
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amended by adding thereto the following section: |
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12-5-11. Portable electronic devices. – (a) The general assembly finds and declares the |
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following: |
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(1) The right to privacy is fundamental in a free and civilized society. |
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(2) The number of Rhode Island residents utilizing and carrying portable electronic |
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devices is growing at a rapidly increasing rate. Users of portable electronic devices have a |
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reasonable and justifiable expectation of privacy in the information these devices contain and |
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access through the Internet. |
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(3) Once in the exclusive control of the police, carrying portable electronic devices do not |
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ordinarily pose a threat to officer safety. Concerns about destruction of evidence on a carrying |
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portable electronic device can ordinarily be addressed through simple evidence preservation |
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methods and prompt application to a magistrate for a search warrant and, therefore, do not justify |
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a blanket exception to the warrant requirement. Moreover, good forensic evidence practice |
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supports the use of search warrants to obtain information contained in a carrying portable |
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electronic device seized incident to arrest. |
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(b) The information contained in a portable electronic device shall not be subject to |
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search by a law enforcement officer incident to a lawful custodial arrest except pursuant to a |
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warrant issued by a duly authorized magistrate using the procedures established by this chapter. |
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(c) As used in this section, “portable electronic device” means any portable device that is |
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capable of creating, receiving, accessing, or storing electronic data or communications. |
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(d) Except as provided in subsection (b), nothing in this section shall be deemed to |
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restrict or affect law enforcement reliance on established exceptions to the warrant requirement. |
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SECTION 2. This act shall take effect upon passage. |
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LC02828 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS | |
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This act would require search warrants be issued, subject to established exceptions, prior |
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to obtaining information contained in portable electronic devices. |
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This act would take effect upon passage. |
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LC02828 | |
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