Montana Code 46-5-110. Location information privacy — civil penalty — definitions
46-5-110. Location information privacy — civil penalty — definitions. (1) (a) Except as provided in subsection (1)(b), a government entity may not obtain the location information of an electronic device without a search warrant issued by a duly authorized court.
Terms Used In Montana Code 46-5-110
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Search warrant: means an order that is:
(a)in writing;
(b)in the name of the state;
(c)signed by a judge;
(d)a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and
(e)directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(b)A government entity may obtain location information of an electronic device under any of the following circumstances:
(i)the device is reported stolen by the owner;
(ii)in order to respond to the user’s call for emergency services;
(iii)with the informed, affirmative consent of the owner or user of the electronic device; or
(iv)there exists a possible life-threatening situation.
(c)Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.
(d)A violation of this section will result in a civil fine not to exceed $50.
(2)As used in this section, the following definitions apply:
(a)”Electronic communication service” means a service that provides to users of the service the ability to send or receive wire or electronic communications.
(b)”Electronic device” means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.
(c)”Government entity” means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or an individual acting or purporting to act for or on behalf of a state or local agency.
(d)”Location information” means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.
(e)”Location information service” means the provision of a global positioning service or other mapping, locational, or directional information service.
(f)”Remote computing service” means the provision of computer storage or processing services by means of an electronic communications system.