H.F. 2331 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 1. As used in this section, “peace officer” means the same 12 as defined in section 801.4, subsection 11, paragraph “a” , “b” , 13 or “c” . 14 2. a. A peace officer may make application to a judicial 15 officer for the issuance of a search warrant to authorize the 16 placement, tracking, or monitoring of a global positioning 17 device, supported by a peace officer’s oath or affirmation, 18 which includes facts, information, and circumstances tending to 19 establish sufficient grounds for granting the peace officer’s 20 application, and probable cause for believing the grounds 21 exist. Upon a finding of probable cause to issue such a 22 warrant, the judicial officer shall issue a warrant, signed 23 by the judicial officer with the judicial officer’s name of 24 office, directed to any peace officer, commanding that the 25 peace officer place, track, or monitor the global positioning 26 device. 27 b. In addition to seeking a warrant to place, track, or 28 monitor a global positioning device under paragraph “a” , a 29 peace officer may file a special application, supported by oath 30 or affirmation, seeking express authority from the judicial 31 officer to physically and surreptitiously enter a residence, 32 garage, private business, or other occupied structure to place 33 an authorized global positioning device in such structure. 34 The special application shall include facts and circumstances 35 -1- LSB 5216HV (2) 84 jm/rj 1/ 5

H.F. 2331 expressing that the item to which the device is to be attached 1 is in a residence, garage, private business, or other occupied 2 structure and no other reasonable opportunity exists to attach 3 the device to the item unless by physically and surreptitiously 4 entering such structure. Upon a showing of probable cause, 5 the court may enter a specialized finding that specific facts 6 and circumstances exist in such a way that no other reasonable 7 opportunity exists to attach the device to the item unless 8 by physically and surreptitiously entering such structure to 9 attach the device. Any specialized findings shall be made part 10 of the warrant issued. 11 3. Notwithstanding section 808.13, all information filed 12 with the court for the purpose of securing a warrant under 13 this section, including but not limited to the application, 14 affidavits, and the warrant issued, shall be sealed for a 15 period of five years. Custody of all information filed with 16 the court including the application, affidavits, and warrant 17 shall be in accordance with the orders of the court. The 18 application, affidavits, warrant, and any other information 19 relating to the application shall not be disclosed unless upon 20 a showing of good cause before the court. All the information 21 filed with the court including the application, the affidavits, 22 and the warrant issued shall be destroyed after five years 23 unless it is necessary to keep such information due to an 24 ongoing legal process or by court order. All information filed 25 with the court including the application, the affidavits, and 26 the warrant shall be destroyed after a period of ten years. 27 4. A warrant issued pursuant to subsection 2 shall not 28 authorize the placement, tracking, or monitoring of a global 29 positioning device for a period that is longer than necessary 30 to achieve the objective of the authorized warrant, or thirty 31 days, whichever period is shorter. The court may grant an 32 extension of the warrant, upon application for an extension 33 and the court entering findings in accordance with subsection 34 2. The period of the extension shall not be longer than the 35 -2- LSB 5216HV (2) 84 jm/rj 2/ 5

H.F. 2331 authorizing court deems necessary to achieve the objective 1 for which the warrant was issued but in no event shall the 2 extension exceed thirty days. All warrants issued under 3 subsection 2 and any extension shall contain a provision 4 that specifies that the authorization to place, track, or 5 monitor a global positioning device shall be executed as soon 6 as practicable and shall terminate upon attainment of the 7 authorized objective, or thirty days, whichever is earlier. 8 The thirty-day period specified in this subsection for a 9 warrant issued under this section, including an extension of a 10 warrant, shall commence on the date specified in the warrant 11 that authorizes the placement of the global positioning device. 12 5. Notwithstanding section 808.8, subsection 1, a peace 13 officer shall not be required to leave a copy of the warrant 14 issued pursuant to this section. 15 EXPLANATION 16 This bill relates to the issuance of a search warrant 17 authorizing the use of a global positioning device. 18 The bill authorizes a peace officer to make an application 19 to a judicial officer for the issuance of a search warrant to 20 authorize the placement, tracking, or monitoring of a global 21 positioning device, if the application is supported by the 22 peace officer’s oath and affirmation, including other facts and 23 circumstances that establish sufficient grounds for granting 24 the peace officer’s application, and probable cause for 25 believing the grounds exist. Upon a finding of probable cause 26 to issue a search warrant, the judicial officer shall issue the 27 search warrant, commanding that the peace officer place, track, 28 or monitor the global positioning device. 29 Current law only allows a special state agent, defined in 30 Code section 808B.1 as a peace officer of the department of 31 public safety, to make an application to a judicial officer for 32 the issuance of a search warrant for the placement, tracking, 33 or monitoring of a global positioning device in Code section 34 808B.5(12). 35 -3- LSB 5216HV (2) 84 jm/rj 3/ 5

H.F. 2331 The bill further provides that in addition to seeking a 1 search warrant authorizing the use of a global positioning 2 device, a peace officer may file a special application, 3 supported by oath or affirmation, seeking authority from the 4 court to physically and surreptitiously enter a residence, 5 garage, private business, or other occupied structure to place 6 the global positioning device because no other reasonable 7 opportunity exists to attach such device. Upon a showing of 8 probable cause, the court may enter a specialized finding that 9 specific facts and circumstances exist in such a way that 10 no other reasonable opportunity exists to attach the global 11 positioning device unless by physically and surreptitiously 12 entering a residence, garage, private business, or other 13 occupied structure to attach such a device. 14 The bill requires that all the information filed with the 15 court for the purpose of securing a warrant for the placement 16 of a global positioning device shall be sealed for a period of 17 five years and subsequently destroyed unless it is necessary 18 to keep such information due to an ongoing legal process or 19 court order. The application and information relating to such 20 a warrant may be disclosed upon a showing of good cause. The 21 bill specifies that all the information filed with the court 22 including the application shall be destroyed after a period of 23 10 years. 24 A warrant issued under the bill shall not be for a period 25 that is longer than necessary to achieve the objective of 26 the warrant, or 30 days, whichever is shorter. A warrant 27 issued under the bill may be extended in accordance with the 28 same requirements to obtain a warrant in the first instance. 29 The period of the extension shall also be no longer than is 30 necessary to achieve the objective of the warrant, or 30 days, 31 whichever is shorter. 32 The bill only authorizes a peace officer who is a sheriff 33 or deputy sheriff, marshal or peace officer of a city, or a 34 peace officer member of the department of public safety, to 35 -4- LSB 5216HV (2) 84 jm/rj 4/ 5