2018 Louisiana Laws
Revised Statutes
TITLE 15 - Criminal Procedure
RS 15:1318 - Issuance of an order for a cellular tracking device

Universal Citation: LA Rev Stat § 15:1318 (2018)

§1318. Issuance of an order for a cellular tracking device

            A. Upon an application made pursuant to R.S. 15:1317, the court may enter an ex parte order authorizing the use of the cellular tracking device if the court finds that the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such use is relevant to an ongoing felony criminal investigation, and that the certification does include reasonable suspicion as required by R.S. 15:1317.

            B. An order issued pursuant to the provisions of this Section shall specify, if applicable:

            (1) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cellular tracking device is to be attached or used.

            (2) The physical location, if known, of the device for which the cellular tracking device is to be attached or used.

            (3) The type of device to which the cellular tracking device is to be attached or used.

            (4) All categories of metadata, data, or information to be collected by the cellular tracking device from the targeted device including but not limited to geolocation information.

            (5) Whether or not the cellular tracking device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected.

            (6) Any disruptions to access or use of a communications or internet access network that may be created by use of the cellular tracking device.

            (7) A statement of the offense to which the information is likely to be obtained by the cellular tracking device.

            C. An order issued pursuant to the provisions of this Section shall direct, upon request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the use of the cellular tracking device under R.S. 15:1316 and 1317.

            D.(1) An order issued pursuant to the provisions of this Section shall authorize the use of a cellular tracking device for a period not to exceed sixty days.

            (2) Extensions of such an order may be granted, but only upon an application for an order pursuant to R.S. 15:1317 and upon the judicial finding required by the provisions of this Section. The period of extension shall be for a period not to exceed sixty days.

            E. An order authorizing or approving the use of a cellular tracking device shall direct that:

            (1) The order be sealed until otherwise ordered by the court.

            (2) The person who has been ordered by the court to provide assistance to the applicant may disclose the existence of the cellular tracking device to their own legal counsel, but shall not disclose the existence of the cellular tracking device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.

            F. The head of each law enforcement agency possessing or making application for the use of a cellular tracking device shall establish and implement procedures which shall provide for and ensure the following:

            (1) That only the chief officer of the law enforcement agency or specifically authorized representative of the agency chief shall have the authority to authorize the use of a cellular tracking device and only pursuant to this Section and R.S. 15:1317.

            (2) That no cellular tracking device in the possession of the law enforcement agency shall be subject to unauthorized use.

            G. A law enforcement agency authorized to use a cellular tracking device in accordance with this Part shall do all of the following, if applicable:

            (1) Take all steps necessary to limit the collection of any information or metadata to the target specified in the applicable court order.

            (2) Take all steps necessary to permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and shall not transmit, use, or retain such information or metadata for any purpose whatsoever.

            (3) Delete any information or metadata collected from the target specified in the court order within thirty-five days if there is no probable cause to support the belief that such information or metadata is evidence of a crime.

            H. For the purposes of this Section and R.S. 15:1317, "investigative or law enforcement officer" means:

            (1) Any commissioned officer of the office of state police.

            (2) Any full-time commissioned city police officer of a municipality of this state.

            (3) Any sheriff or deputy sheriff of a parish of this state who has been specifically designated by the sheriff of that parish as responsible for preparation of applications for use of cellular tracking devices.

            (4) The attorney general, or any assistant attorney general or attorney general's investigator who has been specifically designated by the attorney general as responsible for preparation of applications for use of cellular tracking devices.

            (5) A federal law enforcement agent having the power to arrest for a violation of federal law.

            Acts 2016, No. 308, §2.

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