Maine Revised Statutes Title 16 Sec. 650 – Exceptions to warrant requirement
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(REALLOCATED FROM TITLE 16, SECTION 644)
(REALLOCATED FROM TITLE 16, SECTION 644)
When disclosure of location information is not prohibited by federal law, a government entity may obtain the location information without a warrant: [RR 2013, c. 1, §31 (RAL).]
1. Emergency services. To respond to the user‘s call for emergency services;
[RR 2013, c. 1, §31 (RAL).]
Terms Used In Maine Revised Statutes Title 16 Sec. 650
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Owner: means the person or entity having the legal title, claim or right to an electronic device. See Maine Revised Statutes Title 16 Sec. 647
- Serious physical injury: means :
A. See Maine Revised Statutes Title 16 Sec. 647User: means a person or entity that uses an electronic device. See Maine Revised Statutes Title 16 Sec. 647
2. Consent of owner or user. With the informed, affirmative consent of the owner or user of the electronic device concerned, except when the device is known or believed by the owner or user to be in the possession of a 3rd party authorized to possess the device by the owner or user;
[PL 2019, c. 489, §16 (AMD).]
3. Consent of family member. With the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if the owner or user is believed to be deceased or reported missing and unable to be contacted; or
[RR 2013, c. 1, §31 (RAL).]
4. Danger of death or serious injury. If the government entity reasonably believes that an emergency involving imminent danger of death or serious physical injury to a person requires the disclosure, without delay, of location information concerning a specific person and that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the location information, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires the disclosure without delay.
Within a reasonable period of time after seeking disclosure pursuant to this subsection, the government entity seeking the location information shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the facts as to why the person whose location information was sought is believed to be important in addressing the emergency.
[PL 2019, c. 489, §16 (AMD).]
SECTION HISTORY
RR 2013, c. 1, §31 (RAL). PL 2019, c. 489, §16 (AMD).