2014 -- S 2657

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LC004307

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS

     Introduced By: Senators Nesselbush, and Miller

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby

amended by adding thereto the following section:

     12-5-11. Portable electronic devices. – (a) The general assembly finds and declares the

following:

     (1) The right to privacy is fundamental in a free and civilized society.

     (2) The number of Rhode Island residents utilizing and carrying portable electronic

devices is growing at a rapidly increasing rate. Users of portable electronic devices have a

reasonable and justifiable expectation of privacy in the information these devices contain and

access through the Internet.

     (3) Once in the exclusive control of the police, portable electronic devices do not

ordinarily pose a threat to officer safety. Concerns about destruction of evidence contained in a

portable electronic device can ordinarily be addressed through simple evidence preservation

methods and prompt application to a magistrate for a search warrant and, therefore, do not justify

a blanket exception to the warrant requirement. Moreover, good forensic evidence practice

supports the use of search warrants to obtain information contained in a portable electronic device

seized incident to arrest.

     (b) The information contained in a portable electronic device shall not be subject to

search by a law enforcement officer incident to a lawful custodial arrest except pursuant to a

warrant issued by a duly authorized magistrate using the procedures established by this chapter.

     (c) As used in this section, “portable electronic device” means any portable device that is

capable of creating, receiving, accessing, or storing electronic data or communications.

     (d) Except as provided in subsection (b), nothing in this section shall be deemed to

restrict or affect law enforcement reliance on established exceptions to the warrant requirement.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS

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     This act would require search warrants be issued, subject to established exceptions, prior

to obtaining information contained in portable electronic devices.

     This act would take effect upon passage.

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LC004307

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