Rep. Koch has introduced HB 1009 which is on the Courts and Criminal Code committee schedule for Monday.
Prohibits the use of unmanned aerial vehicles and tracking devices to conduct warrantless searches, with exceptions for exigent circumstances and “substantial likelihood” of a terrorist attack. It also prohibits the placement of cameras or electronic surveillance equipment on private property to conduct warrantless searches. The warrant application has to describe where it’s going to be placed and who owns the object being tracked. The warrant application also has to include material facts that show probable cause that using the tracking device will lead to admissible evidence in enforcing the law.
Provides that, except for a law enforcement officer acting under a warrant and certain other persons under certain circumstances, a person who uses a tracking device without the consent of the person who is the object of the use commits a Class A misdemeanor. One of the exceptions includes use of the tracking device to track your own property. I expect if this law is passed, we’ll see divorce cases where a significant issue is how the car being used by the cheating spouse is titled when it is tracked by the other spouse.
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