§ 13-177.6. Search warrant for installation or use of tracking device - Period of monitoring - Service of warrant upon affected persons.

A.  Any magistrate may issue a search warrant authorizing the installation or use of a tracking device in any moveable item, container, vehicle or other vessel.  Such warrant may authorize the use of that tracking device within the jurisdiction of the magistrate, and outside that jurisdiction if the tracking device is installed within the magistrate’s jurisdiction.  No such warrant shall issue unless probable cause is shown for believing that such installation or use will lead to the discovery of evidence, fruits, or instrumentalities of the commission or attempted commission of an offense.  Any application or affidavit seeking such a search warrant shall inform the magistrate of the name or names of the persons, if known, likely to have a reasonable expectation of privacy in the area where the tracking device is to be installed.  Nothing here shall be construed as requiring a warrant for such installation or use if a warrant is not required under the Constitution of the United States of America.

B.  Search warrants issued under this section may authorize intrusions into the item, container, vehicle or vessel for the purpose of installing the tracking device or for maintenance or retrieval of the tracking device.  No search warrant issued under this section shall permit the monitoring of a tracking device for longer than sixty (60) days unless an extension warrant is issued by the magistrate upon a renewed showing of probable cause as required in subsection A of this section.

C.  Within ninety (90) days after the expiration of any period of authorized monitoring of a tracking device, including any extensions thereof, the law enforcement officer who obtained the search warrant shall serve a copy of the search warrant which was obtained pursuant to this section upon the person or persons likely to have a reasonable expectation of privacy in the area where the tracking device was installed.  This ninety-day period may be extended by the court for good cause shown.  The search warrant and supporting affidavit shall also be filed with the clerk of the district court as is required of all other search warrants after such parties are notified.

Added by Laws 2007, c. 339, § 3, eff. July 1, 2007.