Existing law authorizes the issuance of a search warrant to search a place or a person for any property: (1) that is stolen or embezzled; (2) that is designed or intended to be used or has been used as the means of committing a criminal offense; or (3) when the property consists of any item or constitutes any evidence which tends to show that a criminal offense has been committed or that a particular person has committed a criminal offense. (NRS 179.035) Section 14 of this bill prohibits, with certain exceptions, a governmental entity from obtaining certain location information of an electronic device or unique identifier without a tracking warrant under certain circumstances. Section 14 prohibits any location information obtained in violation of the provisions of section 14, or evidence derived therefrom, from being admitted in any administrative, civil, criminal or other proceeding in this State except to prove a violation of section 14. Section 15 of this bill authorizes a magistrate to grant a tracking warrant if a complete application is supported by probable cause to believe that: (1) the person who owns or who is using an electronic device or who is using a unique identifier is committing, has committed or is about to commit an offense; and (2) the location information sought to be collected by the tracking warrant will produce evidence of the offense. Section 15 sets forth the requirements for an application for a tracking warrant and for the extension of a tracking warrant. Section 15 requires the magistrate to whom an application is made or who issues a tracking warrant or extension to seal any such application, warrant or extension and sets forth the circumstances under which such information may be disclosed. Section 16 of this bill sets forth requirements for the contents of a tracking warrant and authorizes the applicant to request that certain provisions be included in the tracking warrant. Section 16 also: (1) establishes certain limitations on the period for which a tracking warrant may authorize the collection of location information; and (2) authorizes the magistrate to extend such periods in certain circumstances. Section 17 prohibits, with certain exceptions, any location information, or evidence derived therefrom, from being received into evidence or otherwise disclosed in court unless a copy of the tracking warrant, its application and any location information collected pursuant to the tracking warrant is transmitted to certain persons not less than 10 days before any trial, hearing or other proceeding. Section 18 of this bill sets forth a procedure by which a person who is aggrieved by an alleged unlawful search and seizure of his or her location information may move a court for the suppression of its use as evidence. Section 19 of this bill requires a magistrate who issued a tracking warrant to serve certain persons with a notice containing certain information not later than 90 days after the date of expiration of the period of time, or any extension thereof, for which the tracking warrant authorized the collection of location information. Sections 19 and 20 of this bill make certain information confidential and set forth the circumstances under which such information and documentation may be disclosed. Sections 3-13, of this bill define certain terms, including “tracking warrant,” “location information,” “electronic device” and “unique identifier,” for the purposes of sections 2-19 of this bill.

Statutes affected:
As Introduced: 239.010
BDR: 239.010