13-4293 - Tracking Device Search Warrant; Issuance; Grounds; Requirements; Notice: Difference between revisions

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(Created page with "<br>A. A tracking device search warrant might not be issued except on possible cause, supported by affidavit or oath, naming or notably describing the particular person, or significantly describing the property, to be tracked. If the magistrate is satisfied that possible cause exists for the issuance of a tracking device search warrant, the magistrate shall problem the search warrant commanding the usage of a tracking device. 1. When the item to be tracked was used, is b...")
 
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Latest revision as of 06:21, 10 December 2025


A. A tracking device search warrant might not be issued except on possible cause, supported by affidavit or oath, naming or notably describing the particular person, or significantly describing the property, to be tracked. If the magistrate is satisfied that possible cause exists for the issuance of a tracking device search warrant, the magistrate shall problem the search warrant commanding the usage of a tracking device. 1. When the item to be tracked was used, is being used or is about to be used as a means of committing a public offense. 2. When the article to be tracked is within the possession of a person who has committed, is committing or is about to commit a public offense. 3. When the object or individual to be tracked constitutes any proof that tends to point out that a selected public offense has been, is being or is about to be dedicated or tends to indicate that a specific person has dedicated or is committing the general public offense.



4. When the person to be tracked is the subject of an outstanding arrest warrant. C. The tracking device search warrant shall authorize use of the tracking device any time of the day or evening and shall specify an affordable size of time that the tracking device could also be used that does not exceed sixty days after the date that the tracking device was put in. The court might grant a number of extensions of a tracking device search warrant if an affidavit in support of an extension is made and the courtroom makes the findings required by subsections A and B of this section. The interval of each extension may not be longer than the authorizing magistrate deems vital to attain the needs for which the extension was granted and may not exceed sixty days. If the tracking information is acquired on this state, the usage of the tracking device is authorized below this part regardless of where the tracking device is positioned.



If the tracking device requires installation, the tracking device search warrant authorizes the set up, upkeep and elimination of the machine. E. A tracking device search warrant have to be initiated inside ten calendar days after the search warrant's issuance or, if applicable, have to be delivered to the communication service supplier inside ten calendar days after the search warrant is issued. On the expiration of the ten-day interval, the search warrant is void until the time is prolonged by a magistrate. An extension may not exceed ten calendar days. The tracking device search warrant should be returned to a magistrate inside three courtroom enterprise days after the authorized interval of the search warrant expires. The return must state the time and date that the tracking was initiated and the interval during which the monitoring occurred. F. Within ninety days after the tracking device's use ends, a copy of the tracking device search warrant should be served on the one who was tracked or whose property was tracked. 1. Delivering a duplicate to the one that, or whose property, was tracked. 2. Leaving a duplicate at the person's residence or typical place of abode, if known. 3. Mailing a duplicate to the individual's last known address. 4. Any other method that the court docket directs.



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