Maine Revised Statutes Title 16 Sec. 648 – Search warrant needed for acquisition of location information
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Terms Used In Maine Revised Statutes Title 16 Sec. 648
- Electronic device: means a device that is electric and that enables access to, or use of, an electronic communication service, remote computing service or location information service. See Maine Revised Statutes Title 16 Sec. 647
- Government entity: means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local agency. See Maine Revised Statutes Title 16 Sec. 647
- Location information: means information concerning the location of an electronic device, including both the current location and any prior location of the device, that, in whole or in part, is generated, derived from or obtained by the operation of an electronic device. See Maine Revised Statutes Title 16 Sec. 647
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
Except as provided in this subchapter, a government entity may not obtain location information without a valid warrant issued by a duly authorized justice, judge or justice of the peace using procedures established pursuant to Title 15, section 55 or 56. [PL 2017, c. 144, §5 (AMD).]
A justice, judge or justice of the peace may issue a search warrant for the location information of an electronic device pursuant to this section for a period of time necessary to achieve the objective of the authorization, but in any case the warrant is not valid for more than 14 days after the issuance. A justice, judge or justice of the peace may grant an extension of a warrant upon a finding of continuing probable cause and a finding that the extension is necessary to achieve the objective of the authorization. An extension may not exceed 30 days. [PL 2017, c. 144, §5 (AMD).]
This subchapter does not apply to tracking devices, as defined in section 638, placed by law enforcement officers. [PL 2019, c. 489, §13 (NEW).]
SECTION HISTORY
RR 2013, c. 1, §29 (RAL). PL 2013, c. 519, §6 (AMD). PL 2017, c. 144, §5 (AMD). PL 2019, c. 489, §13 (AMD).