TITLE 12
Criminal Procedure

CHAPTER 12-32
Cell Phone Tracking

SECTION 12-32-3


§ 12-32-3 Notice.

(a) Unless delayed under subsection (b), notice to the affected customer or subscriber is required not later than five (5) days after an agent of the state, or any political subdivision of the state, receives location information under this chapter that is obtained with or without a warrant; provided no notice shall be required if the location information was obtained pursuant to § 12-32-4(a). The agent of the state, or any political subdivision of the state, shall serve the following upon, or deliver to, the affected customer or subscriber by registered mail, or first-class mail, or electronic mail, or any other means permitted by the court issuing the warrant to be as effective:

(1) A copy of the warrant, if applicable; and

(2) A statement of the general nature of the law enforcement inquiry; and

(3) If applicable, an affirmation that location information maintained by a service provider was supplied to a law enforcement officer; and

(4) If such location information was obtained, an identification of the service provider from which the information was obtained; and

(5) If applicable, a statement indicating the identifying number associated with the electronic device; and

(6) If applicable, the dates for which the location information was supplied; and

(7) A statement of whether notification of such customer(s) or subscriber(s) was delayed pursuant to subsection (b); and

(8) If applicable, an identification of the court that made the certification or determination pursuant to which that delay was made.

(b) Delay of notification. An agent of the state, or any political subdivision of the state, acting under this chapter may include in the application a request for an order delaying the notification required pursuant to this section for a period not to exceed ninety (90) days, and the court shall issue the order if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result.

(c) Upon expiration of the period of delay granted under this section, the agent of the state, or any political subdivision of the state, shall provide the affected customer(s) or subscriber(s) a copy of the warrant, together with any notice required.

(d) Preclusion of notice to subject of governmental access. An agent of the state, or any political subdivision of the state, acting under this chapter may include in the application a request for an order directing a service provider to which a warrant is directed not to notify any other person of the existence of the warrant for a period of not more than ninety (90) days, and the court shall issue the order if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result.

(e) The court may, upon application, grant one or more extensions of orders granted under this chapter for an additional ninety (90) days.

(f) Failure to comply with the notice provisions shall not be grounds for the suppression of any evidence.

History of Section.
(P.L. 2016, ch. 411, § 1; P.L. 2016, ch. 412, § 1.)