Bill Text: IA SSB1165 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the issuance of a search warrant to authorize the placement, tracking, monitoring, and removal of a global positioning device.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-13 - Judiciary: Sodders Chair,Horn, and Schneider. [SSB1165 Detail]
Download: Iowa-2013-SSB1165-Introduced.html
Senate
Study
Bill
1165
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
issuance
of
a
search
warrant
to
1
authorize
the
placement,
tracking,
monitoring,
and
removal
2
of
a
global
positioning
device.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
808.1,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
“Search
warrant”
means
an
order
in
writing
pursuant
3
to
the
requirements
of
section
808.3
,
in
the
name
of
the
4
state,
signed
by
a
magistrate,
and
directed
to
a
peace
officer
5
commanding
the
officer
to
search
a
person,
premises,
or
thing
,
6
issued
pursuant
to
the
requirements
of
section
808.3,
or
to
7
place,
track,
monitor,
or
remove
a
global
positioning
device,
8
issued
pursuant
to
the
requirements
of
section
808.3A
.
9
Sec.
2.
NEW
SECTION
.
808.3A
Application
for
search
warrant
10
——
global
positioning
device.
11
A
peace
officer
may
make
application
to
a
judicial
12
officer
for
the
issuance
of
a
search
warrant
to
authorize
13
the
placement,
tracking,
monitoring,
or
removal
of
a
global
14
positioning
device,
supported
by
a
peace
officer’s
oath
15
or
affirmation,
which
includes
facts,
information,
and
16
circumstances
tending
to
establish
sufficient
grounds
for
17
granting
the
peace
officer’s
application,
and
probable
cause
18
for
believing
the
grounds
exist.
Upon
a
finding
of
probable
19
cause
to
issue
such
a
warrant,
the
judicial
officer
shall
issue
20
a
warrant,
signed
by
the
judicial
officer
with
the
judicial
21
officer’s
name
of
office,
directed
to
any
peace
officer,
22
commanding
that
the
peace
officer
place,
track,
monitor,
or
23
remove
the
global
positioning
device.
24
EXPLANATION
25
This
bill
relates
to
the
issuance
of
a
search
warrant
26
regarding
the
use
of
a
global
positioning
device.
27
The
bill
authorizes
a
peace
officer
to
make
an
application
28
to
a
judicial
officer
for
the
issuance
of
a
search
warrant
to
29
authorize
the
placement,
tracking,
monitoring,
or
removal
of
30
a
global
positioning
device,
if
the
application
is
supported
31
by
the
peace
officer’s
oath
and
affirmation,
including
other
32
facts
and
circumstances
that
establish
sufficient
grounds
for
33
granting
the
peace
officer’s
application,
and
probable
cause
34
for
believing
the
grounds
exist.
Upon
a
finding
of
probable
35
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2
S.F.
_____
cause
to
issue
a
search
warrant,
the
judicial
officer
shall
1
issue
the
search
warrant,
commanding
that
the
peace
officer
2
place,
track,
monitor,
or
remove
the
global
positioning
device.
3
Current
law
only
allows
a
special
state
agent,
defined
in
4
Code
section
808B.1
as
a
peace
officer
of
the
department
of
5
public
safety,
to
make
an
application
to
a
judicial
officer
for
6
the
issuance
of
a
search
warrant
for
the
placement,
tracking,
7
or
monitoring
of
a
global
positioning
device
in
Code
section
8
808B.5(12).
9
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2
