Bill Text: NJ A1125 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires that police obtain warrant to seize cell phone data.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Law and Public Safety Committee [A1125 Detail]
Download: New_Jersey-2014-A1125-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman JACK M. CIATTARELLI
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Co-Sponsored by:
Assemblymen Carroll, Chivukula and Assemblywoman Handlin
SYNOPSIS
Requires that police obtain warrant to seize cell phone data.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning law enforcement and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this act, "data" means information, facts, concepts, email, text messages, pictures, videos or instructions contained in a wireless communication device or maintained on a wireless network.
b. A law enforcement officer shall be prohibited from seizing a person's wireless communication device and extracting location information as defined in subsection w. of section 2 of P.L.1968, c.409 (C.2A:156A-2) or any other data from the wireless communication device unless that law enforcement officer has obtained a search warrant, or has reason to believe in good faith that an emergency involving danger of death or serious bodily injury requires the law enforcement officer to seize the wireless communication device and extract location information or data from that device.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a law enforcement officer from extracting information from a person's cell phone without first obtaining a warrant. The bill waives this warrant requirement if the law enforcement agency believes in good faith that an emergency involving danger of death or serious bodily injury requires the law officer to seize the wireless communication device and extract location information or data from that device.
