2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5761 - Mobile tracking devices.

                               SUBCHAPTER D
                         MOBILE TRACKING DEVICES

     Sec.
     5761.  Mobile tracking devices.

        Enactment.  Subchapter D was added October 21, 1988,
     P.L.1000, No.115, effective immediately.
     § 5761.  Mobile tracking devices.
        (a)  Authority to issue.--Orders for the installation and use
     of mobile tracking devices may be issued by a court of common
     pleas.
        (b)  Jurisdiction.--Orders permitted by this section may
     authorize the use of mobile tracking devices within the
     jurisdiction of the court of common pleas, and outside that
     jurisdiction, if the device is installed within the jurisdiction
     of the court of common pleas.
        (c)  Standard for issuance of order.--An order authorizing
     the use of one or more mobile tracking devices may be issued to
     an investigative or law enforcement officer by the court of
     common pleas upon written application. Each application shall be
     by written affidavit, signed and sworn to or affirmed before the
     court of common pleas. The affidavit shall:
            (1)  state the name and department, agency or address of
        the affiant;
            (2)  identify the vehicles, containers or items to which,
        in which or on which the mobile tracking device shall be
        attached or be placed, and the names of the owners or
        possessors of the vehicles, containers or items;
            (3)  state the jurisdictional area in which the vehicles,
        containers or items are expected to be found; and
            (4)  provide a statement setting forth all facts and
        circumstances which provide the applicant with a reasonable
        suspicion that criminal activity has been, is or will be in
        progress and that the use of a mobile tracking device will
        yield information relevant to the investigation of the
        criminal activity.
        (d)  Notice.--The court of common pleas shall be notified in
     writing within 72 hours of the time the mobile tracking device
     has been activated in place on or within the vehicles,
     containers or items.
        (e)  Term of authorization.--Authorization by the court of
     common pleas for the use of the mobile tracking device may
     continue for a period of 90 days from the placement of the
     device. An extension for an additional 90 days may be granted
     upon good cause shown.
        (f)  Removal of device.--Wherever practicable, the mobile
     tracking device shall be removed after the authorization period
     expires. If removal is not practicable, monitoring of the mobile
     tracking device shall cease at the expiration of the
     authorization order.
        (g)  Movement of device.--Movement of the tracking device
     within an area protected by a reasonable expectation of privacy
     shall not be monitored absent exigent circumstances or an order
     supported by probable cause that criminal activity has been, is
     or will be in progress in the protected area and that the use of
     a mobile tracking device in the protected area will yield
     information relevant to the investigation of the criminal
     activity.
     (Oct. 9, 2008, P.L.1403, No.111, eff. imd.)

        2008 Amendment.  Act 111 amended subsec. (b).