(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.
(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
(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
(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
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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