Arizona Laws 13-4293. Tracking device search warrant; issuance; grounds; requirements; notice
A. A tracking device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person, or particularly describing the property, to be tracked. If the magistrate is satisfied that probable cause exists for the issuance of a tracking device search warrant, the magistrate shall issue the search warrant commanding the use of a tracking device.
Terms Used In Arizona Laws 13-4293
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- public offense: means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state. See Arizona Laws 13-105
- Tracking device: means an electronic or mechanical device, including a communications device, that tracks the movement of a person or an object. See Arizona Laws 13-4291
- Tracking device search warrant: means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to track a person or an object through the use of a tracking device. See Arizona Laws 13-4291
B. A tracking device search warrant may be issued on any of the following grounds:
1. When the object 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 object to be tracked is in the possession of a person who has committed, is committing or is about to commit a public offense.
3. When the object or person to be tracked constitutes any evidence that tends to show that a particular public offense has been, is being or is about to be committed or tends to show that a particular person has committed or is committing the 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 night and shall specify a reasonable length of time that the tracking device may be used that does not exceed sixty days after the date that the tracking device was installed. The court may grant one or more extensions of a tracking device search warrant if an affidavit in support of an extension is made and the court makes the findings required by subsections A and B of this section. The period of each extension may not be longer than the authorizing magistrate deems necessary to achieve the purposes for which the extension was granted and may not exceed sixty days. If the tracking data is received in this state, the use of the tracking device is authorized under this section regardless of where the tracking device is located. If the tracking device requires installation, the tracking device search warrant authorizes the installation, maintenance and removal of the device.
D. The time of service for installation or maintenance of a tracking device is as prescribed in section 13-3917.
E. A tracking device search warrant must be initiated within ten calendar days after the search warrant’s issuance or, if applicable, must be delivered to the communication service provider within ten calendar days after the search warrant is issued. On the expiration of the ten-day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The tracking device search warrant must be returned to a magistrate within three court business days after the authorized period of the search warrant expires. The return must state the time and date that the tracking was initiated and the period during which the tracking occurred.
F. Within ninety days after the tracking device’s use ends, a copy of the tracking device search warrant must be served on the person who was tracked or whose property was tracked. Service may be accomplished by any of the following methods:
1. Delivering a copy to the person who, or whose property, was tracked.
2. Leaving a copy at the person’s residence or usual place of abode, if known.
3. Mailing a copy to the person’s last known address.
4. Any other method that the court directs.
G. The court may delay the notice of tracking required by subsection F of this section in the same manner prescribed in section 13-3919, subsection B.