13-4293. Tracking device search warrant; issuance; grounds; requirements; notice

A. A tracking device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person, or particularly describing the property, to be tracked. If the magistrate is satisfied that probable cause exists for the issuance of a tracking device search warrant, the magistrate shall issue the search warrant commanding the use of a tracking device.

B. A tracking device search warrant may be issued on any of the following grounds:

1. When the object to be tracked was used, is being used or is about to be used as a means of committing a public offense.

2. When the object to be tracked is in the possession of a person who has committed, is committing or is about to commit a public offense.

3. When the object or person to be tracked constitutes any evidence that tends to show that a particular public offense has been, is being or is about to be committed or tends to show that a particular person has committed or is committing the public offense.

4. When the person to be tracked is the subject of an outstanding arrest warrant.

C. The tracking device search warrant shall authorize use of the tracking device any time of the day or night and shall specify a reasonable length of time that the tracking device may be used that does not exceed sixty days after the date that the tracking device was installed. The court may grant one or more extensions of a tracking device search warrant if an affidavit in support of an extension is made and the court makes the findings required by subsections A and B of this section. The period of each extension may not be longer than the authorizing magistrate deems necessary to achieve the purposes for which the extension was granted and may not exceed sixty days. If the tracking data is received in this state, the use of the tracking device is authorized under this section regardless of where the tracking device is located. If the tracking device requires installation, the tracking device search warrant authorizes the installation, maintenance and removal of the device.

D. The time of service for installation or maintenance of a tracking device is as prescribed in section 13-3917.

E. A tracking device search warrant must be initiated within ten calendar days after the search warrant's issuance or, if applicable, must be delivered to the communication service provider within ten calendar days after the search warrant is issued. On the expiration of the ten-day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The tracking device search warrant must be returned to a magistrate within three court business days after the authorized period of the search warrant expires. The return must state the time and date that the tracking was initiated and the period during which the tracking occurred.

F. Within ninety days after the tracking device's use ends, a copy of the tracking device search warrant must be served on the person who was tracked or whose property was tracked. Service may be accomplished by any of the following methods:

1. Delivering a copy to the person who, or whose property, was tracked.

2. Leaving a copy at the person's residence or usual place of abode, if known.

3. Mailing a copy to the person's last known address.

4. Any other method that the court directs.

G. The court may delay the notice of tracking required by subsection F of this section in the same manner prescribed in section 13-3919, subsection B.