House File 2451 - IntroducedA Bill ForAn Act 1relating to cell site location information and search
2warrants.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  808.4B  Application for search
2warrant — cell site location information — issuance.
   31.  A peace officer may make a written application to a
4magistrate for the issuance of a search warrant to require a
5wireless carrier to provide cell site location information for
6a designated cell phone number, supported by a peace officer’s
7oath or affirmation, which includes facts, information, and
8circumstances tending to establish sufficient grounds for
9granting the peace officer’s application, and probable cause
10for believing the grounds exist.
   112.  The application shall include the identity of the person
12who is the owner of the cell phone, if known, the cell phone
13number for which location information is being sought, the name
14of the wireless carrier, and details of the particular offense
15that is under investigation. If the magistrate issues the
16search warrant, the magistrate shall endorse on the application
17the name and address of all persons upon whose sworn testimony
18the magistrate relied to issue the warrant together with the
19abstract of each witness’ testimony, or the witness’ affidavit.
20However, if the grounds for issuance are supplied by an
21informant, the magistrate shall identify only the peace officer
22to whom the information was given. The application or sworn
23testimony supplied in support of the application must establish
24the credibility of the informant or the credibility of the
25information given by the informant. The magistrate may in the
26magistrate’s discretion require that a witness upon whom the
27applicant relies for the information appear personally and be
28examined concerning the information.
   293.  Upon a finding of probable cause to issue such a warrant,
30the magistrate shall issue a warrant authorizing the collection
31of cell site location information for a period not to exceed
32sixty days, signed by the magistrate with the magistrate’s
33name of office, directed to any peace officer, commanding that
34the peace officer collect cell site location information from
35the wireless carrier for the cell phone number provided in the
-1-1application.
   24.  A peace officer may obtain cell site location information
3without a search warrant if any of the following apply:
   4a.  When a cell phone is reported lost or stolen by the owner
5or user.
   6b.  To respond to a cell phone user’s call for emergency
7services.
   8c.  After receiving informed, affirmative, and written
9consent of the owner or user of the cell phone.
   10d.  After receiving informed and affirmative consent of the
11legal guardian or next of kin of the owner or user if the owner
12or user is believed to be deceased or reported missing and is
13unable to be contacted.
   14e.  In an emergency situation that involves the risk of
15death or serious physical harm to a person who possesses a cell
16phone.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
   20This bill relates to cell site location information and
21search warrants.
   22The bill provides that a peace officer may make a written
23application to a magistrate for the issuance of a search
24warrant to require a wireless carrier to provide cell site
25location information for a designated cell phone number,
26supported by a peace officer’s oath or affirmation, which
27includes facts, information, and circumstances tending to
28establish sufficient grounds for granting the peace officer’s
29application, and probable cause for believing the grounds
30exist. The application shall include the identity of the
31person who owns, if known, the cell phone number for which
32location information is being sought, the name of the wireless
33carrier, and details of the particular offense that is under
34investigation.
   35The bill provides that upon a finding of probable cause to
-2-1issue such a warrant, the magistrate shall issue a warrant
2authorizing the collection of cell site location information
3for a period not to exceed 60 days, directed to any peace
4officer, commanding that the peace officer collect cell site
5location information from the wireless carrier for the cell
6phone number provided in the application.
   7The bill provides that a peace officer may obtain cell site
8location information without a search warrant if any of the
9following apply: when a cell phone is reported lost or stolen
10by the owner or user; to respond to a cell phone user’s call
11for emergency services; after receiving informed, affirmative,
12and written consent of the owner or user of the cell phone;
13after receiving informed and affirmative consent of the legal
14guardian or next of kin of the owner or user if the owner
15or user is believed to be deceased or reported missing and
16is unable to be contacted; or in an emergency situation that
17involves the risk of death or serious physical harm to the
18owner or user of a cell phone.
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