Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 1-3, 6-671
Section 15:1317 - Application for an order for use of a cellular tracking deviceA. An investigative or law enforcement officer shall not use a cellular tracking device unless either of the following occur:(1) The investigative or law enforcement agency has obtained an order issued by a court to use the tracking instrument.(2) Exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.(3) If an investigative or law enforcement agency uses a cellular tracking device based upon the existence of exigent circumstances, the investigative or law enforcement agency shall seek to obtain an order issued by a court not later than seventy-two hours after the initial use of the cellular tracking device.B. An application made pursuant to this Section shall include: (1) The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation.(2) A certification by the applicant attesting that the information sought is relevant to an ongoing felony criminal investigation being conducted by that agency, and includes in that certification a recital of facts or information constituting the reasonable suspicion upon which the application is based.Added by Acts 2016, No. 308,s. 2, eff. 8/1/2016.