Bill Text: NJ A2115 | 2016-2017 | Regular Session | Introduced

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Bill Title: Requires that police obtain warrant to attach GPS device to suspect's motor vehicle.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Law and Public Safety Committee [A2115 Detail]

Download: New_Jersey-2016-A2115-Introduced.html

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ASSEMBLY, No. 2115

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 

 

Sponsored by:

Assemblyman  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

Assemblyman  GARY S. SCHAER

District 36 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblyman Carroll and Assemblywoman Handlin

 

 

 

 

SYNOPSIS

     Requires that police obtain warrant to attach GPS device to suspect's motor vehicle.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning police surveillance and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    A law enforcement agency is prohibited from attaching a global positioning system device to a person's motor vehicle for surveillance purposes unless that law enforcement agency has obtained a warrant, or the law enforcement agency believes in good faith that an emergency involving danger of death or serious bodily injury requires the law enforcement agency to attach a global positioning system to a suspect's motor vehicle without delay.

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill supplements the "New Jersey Wiretapping and Electronic Surveillance Control Act," P.L.1968, c.409 (C.2A:156A-1 et seq.), to require that a law enforcement agency obtain a warrant prior to attaching a global position system device to a suspect's motor vehicle. 

     The bill waives this warrant requirement if the law enforcement agency believes in good faith that an emergency involving danger of death or serious bodily injury requires the law enforcement agency to attach a global positioning system to the exterior of a suspect's motor vehicle without delay.