H.F. 2451 Section 1. NEW SECTION . 808.4B Application for search 1 warrant —— cell site location information —— issuance. 2 1. A peace officer may make a written application to a 3 magistrate for the issuance of a search warrant to require a 4 wireless carrier to provide cell site location information for 5 a designated cell phone number, supported by a peace officer’s 6 oath or affirmation, which includes facts, information, and 7 circumstances tending to establish sufficient grounds for 8 granting the peace officer’s application, and probable cause 9 for believing the grounds exist. 10 2. The application shall include the identity of the person 11 who is the owner of the cell phone, if known, the cell phone 12 number for which location information is being sought, the name 13 of the wireless carrier, and details of the particular offense 14 that is under investigation. If the magistrate issues the 15 search warrant, the magistrate shall endorse on the application 16 the name and address of all persons upon whose sworn testimony 17 the magistrate relied to issue the warrant together with the 18 abstract of each witness’ testimony, or the witness’ affidavit. 19 However, if the grounds for issuance are supplied by an 20 informant, the magistrate shall identify only the peace officer 21 to whom the information was given. The application or sworn 22 testimony supplied in support of the application must establish 23 the credibility of the informant or the credibility of the 24 information given by the informant. The magistrate may in the 25 magistrate’s discretion require that a witness upon whom the 26 applicant relies for the information appear personally and be 27 examined concerning the information. 28 3. Upon a finding of probable cause to issue such a warrant, 29 the magistrate shall issue a warrant authorizing the collection 30 of cell site location information for a period not to exceed 31 sixty days, signed by the magistrate with the magistrate’s 32 name of office, directed to any peace officer, commanding that 33 the peace officer collect cell site location information from 34 the wireless carrier for the cell phone number provided in the 35 -1- LSB 5875YH (2) 89 as/rh 1/ 3

H.F. 2451 application. 1 4. A peace officer may obtain cell site location information 2 without a search warrant if any of the following apply: 3 a. When a cell phone is reported lost or stolen by the owner 4 or user. 5 b. To respond to a cell phone user’s call for emergency 6 services. 7 c. After receiving informed, affirmative, and written 8 consent of the owner or user of the cell phone. 9 d. After receiving informed and affirmative consent of the 10 legal guardian or next of kin of the owner or user if the owner 11 or user is believed to be deceased or reported missing and is 12 unable to be contacted. 13 e. In an emergency situation that involves the risk of 14 death or serious physical harm to a person who possesses a cell 15 phone. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to cell site location information and 20 search warrants. 21 The bill provides that a peace officer may make a written 22 application to a magistrate for the issuance of a search 23 warrant to require a wireless carrier to provide cell site 24 location information for a designated cell phone number, 25 supported by a peace officer’s oath or affirmation, which 26 includes facts, information, and circumstances tending to 27 establish sufficient grounds for granting the peace officer’s 28 application, and probable cause for believing the grounds 29 exist. The application shall include the identity of the 30 person who owns, if known, the cell phone number for which 31 location information is being sought, the name of the wireless 32 carrier, and details of the particular offense that is under 33 investigation. 34 The bill provides that upon a finding of probable cause to 35 -2- LSB 5875YH (2) 89 as/rh 2/ 3

H.F. 2451 issue such a warrant, the magistrate shall issue a warrant 1 authorizing the collection of cell site location information 2 for a period not to exceed 60 days, directed to any peace 3 officer, commanding that the peace officer collect cell site 4 location information from the wireless carrier for the cell 5 phone number provided in the application. 6 The bill provides that a peace officer may obtain cell site 7 location information without a search warrant if any of the 8 following apply: when a cell phone is reported lost or stolen 9 by the owner or user; to respond to a cell phone user’s call 10 for emergency services; after receiving informed, affirmative, 11 and written consent of the owner or user of the cell phone; 12 after receiving informed and affirmative consent of the legal 13 guardian or next of kin of the owner or user if the owner 14 or user is believed to be deceased or reported missing and 15 is unable to be contacted; or in an emergency situation that 16 involves the risk of death or serious physical harm to the 17 owner or user of a cell phone. 18 -3- LSB 5875YH (2) 89 as/rh 3/ 3