Bill Text: NJ A4233 | 2010-2011 | Regular Session | Introduced

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Bill Title: Requires that police obtain warrant to seize cell phone data.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-11-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A4233 Detail]

Download: New_Jersey-2010-A4233-Introduced.html

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ASSEMBLY, No. 4233

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED NOVEMBER 10, 2011

 

 

Sponsored by:

Assemblyman  DECLAN J. O'SCANLON, JR.

District 12 (Mercer and Monmouth)

Assemblyman  GARY S. SCHAER

District 36 (Bergen, Essex and Passaic)

 

Co-Sponsored by:

Assemblymen Carroll, Chivukula and Assemblywoman Handlin

 

 

 

 

SYNOPSIS

     Requires that police obtain warrant to seize cell phone data.

 

CURRENT VERSION OF TEXT

     As introduced.

  

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.