2012 -- S 3074

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LC02828

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS

     

     

     Introduced By: Senator Donna M. Nesselbush

     Date Introduced: June 12, 2012

     Referred To: Placed on Senate Calendar

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby

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amended by adding thereto the following section:

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     12-5-11. Portable electronic devices. – (a) The general assembly finds and declares the

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following:

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     (1) The right to privacy is fundamental in a free and civilized society.

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     (2) The number of Rhode Island residents utilizing and carrying portable electronic

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devices is growing at a rapidly increasing rate. Users of portable electronic devices have a

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reasonable and justifiable expectation of privacy in the information these devices contain and

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access through the Internet.

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     (3) Once in the exclusive control of the police, carrying portable electronic devices do not

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ordinarily pose a threat to officer safety. Concerns about destruction of evidence on a carrying

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portable electronic device can ordinarily be addressed through simple evidence preservation

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methods and prompt application to a magistrate for a search warrant and, therefore, do not justify

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a blanket exception to the warrant requirement. Moreover, good forensic evidence practice

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supports the use of search warrants to obtain information contained in a carrying portable

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electronic device seized incident to arrest.

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     (b) The information contained in a portable electronic device shall not be subject to

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search by a law enforcement officer incident to a lawful custodial arrest except pursuant to a

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warrant issued by a duly authorized magistrate using the procedures established by this chapter.

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     (c) As used in this section, “portable electronic device” means any portable device that is

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capable of creating, receiving, accessing, or storing electronic data or communications.

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     (d) Except as provided in subsection (b), nothing in this section shall be deemed to

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restrict or affect law enforcement reliance on established exceptions to the warrant requirement.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02828

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS

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     This act would require search warrants be issued, subject to established exceptions, prior

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to obtaining information contained in portable electronic devices.

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     This act would take effect upon passage.

     

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LC02828

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S3074