Sec. 12. (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless:
(1) the law enforcement officer or law enforcement agency has obtained an order issued by a court based upon a finding of probable cause to use the tracking instrument; or
(2) exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.
(b) If a law enforcement officer or law enforcement agency uses a real time tracking instrument described in subsection (a) based upon the existence of exigent circumstances, the law enforcement officer or law enforcement agency shall seek to obtain an order issued by a court based upon a finding of probable cause not later than seventy-two (72) hours after the initial use of the real time tracking instrument.
As added by P.L.170-2014, SEC.22.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings
35-33-5-0.1. Application of Certain Amendments to Chapter
35-33-5-2. Affidavit; Descriptions; Information to Establish Credibility of Hearsay; Form
35-33-5-4. Return; Initial Disposition of Property Seized
35-33-5-6. Dead Body; Search of Building or Place; Affidavit
35-33-5-7. Execution of Search Warrant; Forcible Entry; Wrongful Entry; Recovery of Damages
35-33-5-8. Issue of Warrant Without Affidavit; Types of Sworn Testimony; Procedures; Perjury
35-33-5-9. Unmanned Aerial Vehicles; Search Warrant; Exceptions
35-33-5-10. Admissibility of Evidence; Unmanned Aerial Vehicles
35-33-5-11. Electronic User Data Held in Electronic Storage
35-33-5-12. Use of Real Time Tracking Instruments; Geolocation Information
35-33-5-13. Immunity From Civil or Criminal Liability