§650. Exceptions to warrant requirement

(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).]

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).