§ 5761. Mobile tracking devices.

559 words·~3 min read·/pa/title-18/chapter-57/5761

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Authority to issue.-- Orders for the installation and use of mobile tracking devices may be issued by a court of common pleas.

(b)Jurisdiction.-- Orders permitted by this section may authorize the use of mobile tracking devices if the device is installed and monitored within this Commonwealth. The court issuing the order must have jurisdiction over the offense under investigation.

(c)Standard for issuance of order.-- An order authorizing the use of one or more mobile tracking devices may be issued to an investigative or law enforcement officer by the court of common pleas upon written application. Each application shall be by written affidavit, signed and sworn to or affirmed before the court of common pleas. The affidavit shall:

(1)state the name and department, agency or address of the affiant;

(2)identify the vehicles, containers or items to which, in which or on which the mobile tracking device shall be attached or be placed, and the names of the owners or possessors of the vehicles, containers or items;

(3)state the jurisdictional area in which the vehicles, containers or items are expected to be found; and

(4)provide a statement setting forth all facts and circumstances which provide the applicant with probable cause that criminal activity has been, is or will be in progress and that the use of a mobile tracking device will yield information relevant to the investigation of the criminal activity.

(d)Notice.-- The court of common pleas shall be notified in writing within 72 hours of the time the mobile tracking device has been activated in place on or within the vehicles, containers or items.

(e)Term of authorization.-- Authorization by the court of common pleas for the use of the mobile tracking device may continue for a period of 90 days from the placement of the device. An extension for an additional 90 days may be granted upon good cause shown.

(f)Removal of device.-- Wherever practicable, the mobile tracking device shall be removed after the authorization period expires. If removal is not practicable, monitoring of the mobile tracking device shall cease at the expiration of the authorization order.

(g)Movement of device.-- Movement of the tracking device within an area protected by a reasonable expectation of privacy shall not be monitored absent exigent circumstances or an order supported by probable cause that criminal activity has been, is or will be in progress in the protected area and that the use of a mobile tracking device in the protected area will yield information relevant to the investigation of the criminal activity.

18c5761v

(Oct. 9, 2008, P.L.1403, No.111, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days)

2012 Amendment. Act 202 amended subsecs.

(b)and (c)(4).

18c5771h

SUBCHAPTER E

PEN REGISTERS, TRAP AND TRACE DEVICES

AND TELECOMMUNICATION IDENTIFICATION

INTERCEPTION DEVICES

Sec.

5771. General prohibition on use of certain devices and exception.

5772. Application for an order for use of certain devices.

5773. Issuance of an order for use of certain devices.

5774. Assistance in installation and use of certain devices.

5775. Reports concerning certain devices.

Enactment. Subchapter E was added October 21, 1988, P.L.1000, No.115, effective immediately.

Subchapter Heading. The heading of Subchapter E was amended February 18, 1998, P.L.102, No.19, effective immediately.

Cross References. Subchapter E is referred to in section 5704 of this title.

18c5771s