Dictates the length a search warrant involving a tracking device would be valid and provide a process to extend the time frame of the tracking device for good cause.
Summary
H5438 amends Rhode Island’s search warrant laws to create a specific warrant procedure for the installation and use of a tracking device. The bill defines a tracking device as an electronic or mechanical device used to track the movement of a person or object, and requires the warrant to state the date and time of issuance, the probable cause basis, the person or property to be tracked, and the period of authorized use.
Under the bill, law enforcement must complete installation within 10 days of issuance, and the warrant may authorize use of the device for no more than 15 days from issuance. A court may extend that period for good cause in additional increments of up to 15 days each. The act takes effect immediately upon passage.
Impact
The bill adds a new section to Chapter 12-5 of the Rhode Island General Laws governing search warrants, establishing statutory limits and procedural requirements for warrants authorizing tracking devices. It affects law enforcement, courts, and individuals whose movements or property may be monitored, by setting time limits, documentation requirements, and a judicial extension process for electronic or mechanical tracking.
Sentiment
The available voting history shows strong support for the bill, with passage in the House by a 65-0 vote. No committee transcript is available, but the unanimous vote suggests broad agreement on the need to clarify and regulate tracking-device warrants.
Contention
No specific points of contention are documented in the available materials. Based on the bill’s subject matter, likely areas of concern would include privacy, surveillance authority, and the scope of law enforcement tracking powers, but the recorded vote does not show opposition or debate on those issues.