HB 477
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 477 (Delegate Pippy)
Judiciary Judicial Proceedings
Court Order to Use a Cell Site Simulator or Obtain Location Information From
an Electronic Device - Procedures
This bill (1) specifies the ways in which an application for a court order authorizing or
directing a law enforcement officer to use a cell site simulator or obtain location
information from an electronic device (as authorized under existing statute) may be
submitted to a judge; (2) specifies the ways in which an applicant for the court order and a
judge may converse about the application; and (3) specifies the ways in which a judge may
issue the court order.
Fiscal Summary
State Effect: The bill is procedural and does not materially affect State finances or
operations.
Local Effect: The bill is procedural and does not materially affect local finances or
operations.
Small Business Effect: None.
Analysis
Bill Summary/Current Law: Under current law, a “cell site simulator” is a device that
mimics a cell tower and captures identifying information of electronic devices in the range
of the device. Section 1-203.1 of the Criminal Procedure Article authorizes a court to issue
an order authorizing or directing a law enforcement officer to use a cell site simulator or
obtain location information from an electronic device if there is probable cause to believe
that (1) a misdemeanor or felony has been, is being, or will be committed by the owner or
user of the electronic device or the individual about whom electronic location information
is being sought and (2) the information sought by the cell site simulator or the location
information being sought is evidence of, or will lead to evidence of, the misdemeanor or
felony being investigated or will lead to the apprehension of an individual for whom an
arrest warrant has previously been issued.
Pursuant to existing statute, an application from law enforcement for a court order must be
in writing, be accompanied by an affidavit setting forth the basis of the probable cause, and
meet specified content and procedural requirements.
The bill specifies that an application for a court order may be submitted to a judge in person,
by secure fax, or by secure electronic mail. The submitted application must be accompanied
by the affidavit described above and a proposed court order, as specified. The applicant
and judge may converse about the application in person, via telephone, or via video.
Under the bill, a judge may issue a court order by signing the court order, indicating or
writing the date and time of issuance of the order, and delivering the signed and dated court
order, the application, and the affidavit to the applicant via in-person delivery, secure fax,
or secure electronic mail, as specified.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 383 (Senator Cassilly) - Judicial Proceedings.
Information Source(s): Harford, Montgomery, and Wicomico counties; Judiciary
(Administrative Office of the Courts); Office of the Public Defender; Maryland State’s
Attorneys’ Association; Department of State Police; Department of Legislative Services
Fiscal Note History: First Reader - January 29, 2021
rh/jkb Third Reader - March 4, 2021
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 477/ Page 2


Statutes affected:
Text - First - Court Order to Use a Cell Site Simulator or Obtain Location Information From an Electronic Device - Procedures: 1-203.1 Criminal Procedure
Text - Third - Court Order to Use a Cell Site Simulator or Obtain Location Information From an Electronic Device - Procedures: 1-203.1 Criminal Procedure