Article - Criminal Procedure
(a) (1) In
this section the following words have the meanings indicated.
means the District Court or a circuit court having jurisdiction over
the crime being investigated, regardless of the location of the electronic
device from which location information is sought.
(3) (i) “Electronic
device” means a device that enables access to or use of an electronic
communication service, as defined in § 10–401 of the Courts
Article, a remote computing service, as defined in § 10–4A–01(c)
of the Courts Article, or a geographic location information service.
device” does not include:
1. an automatic
identification system installed on a vessel in accordance with Title
33, Part 164.46 of the Code of Federal Regulations; or
2. a vessel monitoring
system (VMS) or a VMS unit installed on board a vessel for vessel
monitoring in accordance with Title 50, Part 648 of the Code of Federal
circumstances” means an emergency or other judicially recognized
exception to constitutional warrant requirements.
information” means real–time or present information concerning
the geographic location of an electronic device that is generated
by or derived from the operation of that device.
information service” means a global positioning service or other
mapping, locational, or directional information service.
means a person or an entity having the legal title, claim, or right
to an electronic device.
provider” means the provider of an electronic communication
service, a remote computing service, or any location information service.
means a person that uses or possesses an electronic device.
(b) (1) A
court may issue an order authorizing or directing a law enforcement
officer to obtain location information from an electronic device after
determining from an application described in paragraph (2) of this
subsection that there is probable cause to believe that:
(i) a misdemeanor
or felony has been, is being, or will be committed by the owner or
user of the electronic device or by the individual about whom location
information is being sought; and
(ii) the location
information being sought:
1. is evidence
of, or will lead to evidence of, the misdemeanor or felony being investigated;
2. will lead to
the apprehension of an individual for whom an arrest warrant has been
(2) An application
for an order under this section shall be:
(i) in writing;
(ii) signed and
sworn to by the applicant; and
by an affidavit that:
1. sets forth the
basis for probable cause as described in paragraph (1) of this subsection;
2. contains facts
within the personal knowledge of the affiant.
(3) An order issued
under this section shall:
(i) name or describe
with reasonable particularity:
1. the type of
electronic device associated with the location information being sought;
2. the user of
the electronic device, if known, or the identifying number of the
electronic device about which location information is sought;
3. the owner, if
known and if the owner is a person or an entity other than the user,
of the electronic device;
4. the grounds
for obtaining the location information; and
5. the name of
the applicant on whose application the order was issued;
the executing law enforcement officer to obtain the location information
without giving notice to the owner or user of the electronic device
or to the individual about whom the location information is being
sought for the duration of the order;
(iii) specify the
period of time for which location information is authorized to be
(iv) if applicable,
order the service provider to:
1. disclose to
the executing law enforcement officer the location information associated
with the electronic device for the period of time authorized; and
2. refrain from
notifying the user, owner, or any other person of the disclosure of
location information for as long as the notice under subsection (d)
of this section is delayed.
(c) (1) (i) The
period of time during which location information may be obtained under
the authority of an order under subsection (b) of this section may
not exceed 30 days unless extended as provided in subsection (c)(3)
of this section.
(ii) Location information
shall begin to be obtained by the executing law enforcement officer
within 10 calendar days after the order is issued or, if applicable,
the order shall be delivered to the service provider within 10 calendar
days after the order is issued.
(2) If neither
of the events described in subsection (c)(1)(ii) of this section occurs
within 10 calendar days of the issuance of the order, the order is
(3) (i) The
authority to obtain location information under the order may be extended
beyond 30 calendar days on a finding of continuing probable cause.
(ii) An extension
under this paragraph may not exceed an additional 30 calendar days,
unless the court finds continuing probable cause and determines that
good cause exists for a longer extension.
(d) (1) Notice
of the location information order shall be delivered to the user and,
if known and if the owner is a person or an entity other than the
user, the subscriber of the electronic device from which the location
information is sought.
(2) The notice
(i) state the general
nature of the law enforcement inquiry; and
(ii) inform the
user or owner:
1. if applicable,
that location information maintained by the service provider was supplied
to a law enforcement officer;
2. if applicable,
the identifying number associated with the electronic device;
3. the dates for
which the location information was supplied;
4. whether notification
was delayed; and
5. which court
authorized the order.
(3) Subject to
paragraph (4) of this subsection, notice must be delivered within
10 calendar days after the expiration of the order.
any provision of the Maryland Rules or this subtitle, the court, on
a finding of good cause, may order that the application, affidavit,
and order be sealed and that the notification required under this
section be delayed for a period of 30 calendar days.
(5) A finding of
good cause under paragraph (4) of this subsection may be established
by evidence that:
(i) the criminal
investigation to which the affidavit is related is of a continuing
nature and likely to yield further information that could be of use
in prosecuting alleged criminal activities; and
(ii) the failure
to maintain the confidentiality of the investigation would:
1. jeopardize the
use of information already obtained in the investigation;
2. impair the continuation
of the investigation; or
3. jeopardize the
safety of a source of information.
(6) A court may
order that notification under this section be delayed beyond 30 calendar
(i) a law enforcement
officer provides continued evidence of a circumstance described in
paragraph (5) of this subsection; and
(ii) the court
makes a finding of good cause based on evidence that notice should
be further delayed to preserve the continuation of the investigation.
(e) Discovery of
the location information application, affidavit, order, and related
documents, if any, are subject to the provisions of Maryland Rules
4–262 and 4–263.
any other provision of this section, a law enforcement officer may
obtain location information for a period not to exceed 48 hours:
(1) in exigent
(2) with the express
consent of the user or owner of the electronic device.
(g) A person may
not be held civilly liable for complying with this section by providing