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Code · Louisiana · Title 15 — Criminal Procedure

RS 15:1317

204 words·~1 min read·/la/title-15/15-967

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RS 15:1317
§1317. Application for an order for use of a cellular tracking device
A. An investigative or law enforcement officer shall not use a cellular tracking device unless either of the following occur:
(1)The investigative or law enforcement agency has obtained an order issued by a court to use the tracking instrument.
(2)Exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.
(3)If an investigative or law enforcement agency uses a cellular tracking device based upon the existence of exigent circumstances, the investigative or law enforcement agency shall seek to obtain an order issued by a court not later than seventy-two hours after the initial use of the cellular tracking device.
B. An application made pursuant to this Section shall include:
(1)The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation.
(2)A certification by the applicant attesting that the information sought is relevant to an ongoing felony criminal investigation being conducted by that agency, and includes in that certification a recital of facts or information constituting the reasonable suspicion upon which the application is based.
Acts 2016, No. 308, §2.
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