HEA 1384 — Law Enforcement Downloading Cellphone Data

HEA 1384 (2014), if enacted, will modify two statutes related to law enforcement officers extracting or downloading data from cellphones.  As of March 19, 2014, the bill has not been signed by Governor Pence.

IC 9-21-8-59(b)(3) would be amended to add that “a police officer may not, without the consent of the person extract or otherwise download information from a telecommunications device for a violation of this section unless: (A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime; (B) the information is extracted or otherwise downloaded under a valid search warrant; or (C) otherwise authorized by law.”

IC 34-28-5-3(b) would be amended to add that “[i]f a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance violation, the law enforcement officer may not, without the consent of the person, extract or otherwise download information from the cellular telephone or another wireless or cellular communications device possessed by the person at the time the person is detained unless: (1) the law enforcement officer has probable cause to believe that the: (A) cellular telephone; or (B) other wireless or cellular communications device has been used in the commission of a crime; (2) the information is extracted or otherwise downloaded under a valid search warrant; or (3) otherwise authorized by law.”

This entry was posted in Law Enforcement, Legislation, Search and Seizure and tagged , , , , . Bookmark the permalink.

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