Louisiana Revised Statutes 15:1318 – A. Upon an application made pursuant to R.S. 15:1317, the court may enter an ex parte order authorizing the use of the cellular tracking device if the court finds that the investigat
Terms Used In Louisiana Revised Statutes 15:1318
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Electronic communications service: means any service which provides to users thereof the ability to send or receive wire or electronic communications. See Louisiana Revised Statutes 15:1302
- 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.
- 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
- Person: means any employee or agent of the state or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Louisiana Revised Statutes 15:1302
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A. Upon an application made pursuant to La. Rev. Stat. 15:1317, the court may enter an ex parte order authorizing the use of the cellular tracking device if the court finds that the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such use is relevant to an ongoing felony criminal investigation, and that the certification does include reasonable suspicion as required by La. Rev. Stat. 15:1317.
B. An order issued pursuant to the provisions of this Section shall specify, if applicable:
(1) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cellular tracking device is to be attached or used.
(2) The physical location, if known, of the device for which the cellular tracking device is to be attached or used.
(3) The type of device to which the cellular tracking device is to be attached or used.
(4) All categories of metadata, data, or information to be collected by the cellular tracking device from the targeted device including but not limited to geolocation information.
(5) Whether or not the cellular tracking device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected.
(6) Any disruptions to access or use of a communications or internet access network that may be created by use of the cellular tracking device.
(7) A statement of the offense to which the information is likely to be obtained by the cellular tracking device.
C. An order issued pursuant to the provisions of this Section shall direct, upon request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the use of the cellular tracking device under La. Rev. Stat. 15:1316 and 1317.
D.(1) An order issued pursuant to the provisions of this Section shall authorize the use of a cellular tracking device for a period not to exceed sixty days.
(2) Extensions of such an order may be granted, but only upon an application for an order pursuant to La. Rev. Stat. 15:1317 and upon the judicial finding required by the provisions of this Section. The period of extension shall be for a period not to exceed sixty days.
E. An order authorizing or approving the use of a cellular tracking device shall direct that:
(1) The order be sealed until otherwise ordered by the court.
(2) The person who has been ordered by the court to provide assistance to the applicant may disclose the existence of the cellular tracking device to their own legal counsel, but shall not disclose the existence of the cellular tracking device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
F. The head of each law enforcement agency possessing or making application for the use of a cellular tracking device shall establish and implement procedures which shall provide for and ensure the following:
(1) That only the chief officer of the law enforcement agency or specifically authorized representative of the agency chief shall have the authority to authorize the use of a cellular tracking device and only pursuant to this Section and La. Rev. Stat. 15:1317.
(2) That no cellular tracking device in the possession of the law enforcement agency shall be subject to unauthorized use.
G. A law enforcement agency authorized to use a cellular tracking device in accordance with this Part shall do all of the following, if applicable:
(1) Take all steps necessary to limit the collection of any information or metadata to the target specified in the applicable court order.
(2) Take all steps necessary to permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and shall not transmit, use, or retain such information or metadata for any purpose whatsoever.
(3) Delete any information or metadata collected from the target specified in the court order within thirty-five days if there is no probable cause to support the belief that such information or metadata is evidence of a crime.
H. For the purposes of this Section and La. Rev. Stat. 15:1317, “investigative or law enforcement officer” means:
(1) Any commissioned officer of the office of state police.
(2) Any full-time commissioned city police officer of a municipality of this state.
(3) Any sheriff or deputy sheriff of a parish of this state who has been specifically designated by the sheriff of that parish as responsible for preparation of applications for use of cellular tracking devices.
(4) The attorney general, or any assistant attorney general or attorney general’s investigator who has been specifically designated by the attorney general as responsible for preparation of applications for use of cellular tracking devices.
(5) A federal law enforcement agent having the power to arrest for a violation of federal law.
Acts 2016, No. 308, §2.