Louisiana Revised Statutes 15:1317 – A. An investigative or law enforcement officer shall not use a cellular tracking device unless either of the following occur:
Terms Used In Louisiana Revised Statutes 15:1317
- Cellular tracking device: means a device that transmits or receives radio waves to or from a communications device in a manner that interferes with the normal functioning of the communications device or communications network and that can be used to intercept, collect, access, transfer, or forward the data transmitted or received by the communications device, or stored on the communications device; includes an international mobile subscriber identity (IMSI) catcher or other cell phone or telephone surveillance or eavesdropping device that mimics a cellular base station and transmits radio waves that cause cell phones or other communications devices in the area to transmit or receive radio waves, electronic data, location data, information used to calculate location, identifying information, communications content, or metadata, or otherwise obtains this information through passive means, such as through the use of a digital analyzer or other passive interception device; and does not include any device used or installed by an electric utility solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid. See Louisiana Revised Statutes 15:1302
- Investigative or law enforcement officer: means any commissioned state police officer of the Department of Public Safety and Corrections who, in the normal course of his law enforcement duties, is investigating an offense enumerated in this Chapter, and the district attorney authorized by law to prosecute or participate in the prosecution of such offense. See Louisiana Revised Statutes 15:1302
A. An investigative or law enforcement officer shall not use a cellular tracking device unless either of the following occur:
(1) The investigative or law enforcement agency has obtained an order issued by a court to use the tracking instrument.
(2) Exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.
(3) If an investigative or law enforcement agency uses a cellular tracking device based upon the existence of exigent circumstances, the investigative or law enforcement agency shall seek to obtain an order issued by a court not later than seventy-two hours after the initial use of the cellular tracking device.
B. An application made pursuant to this Section shall include:
(1) The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation.
(2) A certification by the applicant attesting that the information sought is relevant to an ongoing felony criminal investigation being conducted by that agency, and includes in that certification a recital of facts or information constituting the reasonable suspicion upon which the application is based.
Acts 2016, No. 308, §2.