August 21, 2019

SB 14-193: Requiring Governmental Entity to Obtain a Warrant Before Obtaining Location Information from an Electronic Device

On April 14, 2014, Sen. Morgan Carroll introduced SB 14-193 – Concerning Conforming Colorado Law on Location Information with the Fourth Amendment as Interpreted by the United States Supreme Court in United States v. Jones. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A United States supreme court decision held that the use of a GPS device to monitor a vehicle’s movement constituted a search requiring the government to obtain a search warrant. With certain specified exceptions, the bill prohibits a governmental entity from obtaining location information from an electronic device without first obtaining a search warrant.

If location information or evidence derived from location information is used in a court proceeding, all parties must receive a copy of the search warrant and application at least 10 days prior to the proceeding. A judge may waive the 10-day requirement in certain circumstances.

The bill is assigned to the Judiciary Committee.

Since this summary, the Judiciary Committee referred the bill, amended, to the Senate Committee of the Whole.

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