House File 2037 - Introduced HOUSE FILE 2037 BY BAUDLER A BILL FOR An Act relating to the issuance of a search warrant to 1 authorize the placement, tracking, and monitoring of a 2 global positioning device. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5216YH (6) 84 jm/rj
H.F. 2037 Section 1. Section 808.1, subsection 1, Code 2011, 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, or monitor a global positioning device, issued 8 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 the 13 placement, tracking, or monitoring of a global positioning 14 device, supported by a peace officer’s oath or affirmation, 15 which includes facts, information, and circumstances tending to 16 establish sufficient grounds for granting the peace officer’s 17 application, and probable cause for believing the grounds 18 exist. Upon a finding of probable cause to issue such a 19 warrant, the judicial officer shall issue a warrant, signed 20 by the judicial officer with the judicial officer’s name of 21 office, directed to any peace officer, commanding that the 22 peace officer place, track, or monitor the global positioning 23 device. 24 EXPLANATION 25 This bill relates to the issuance of a search warrant 26 authorizing 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, or monitoring of a global 30 positioning device, if the application is supported by the 31 peace officer’s oath and affirmation, including other facts and 32 circumstances that establish sufficient grounds for granting 33 the peace officer’s application, and probable cause for 34 believing the grounds exist. Upon a finding of probable cause 35 -1- LSB 5216YH (6) 84 jm/rj 1/ 2
H.F. 2037 to issue a search warrant, the judicial officer shall issue the 1 search warrant, commanding that the peace officer place, track, 2 or monitor 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 -2- LSB 5216YH (6) 84 jm/rj 2/ 2