Bill > A2678

Introduced Session

This bill requires a law enforcement agency to obtain a court order prior to the use of an "imaging surveillance device" on a structure. The bill defines an "imaging surveillance device" as one that uses radar, sonar, infrared, or other remote sensing or detection technology to enable the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. Essentially, these devices allow law enforcement officers to "see" through the walls of houses and other privately owned buildings. The bill provides that prior to the use of an imaging surveillance device, a law enforcement agency is required to file an application with a judge for an order authorizing its use. The bill requires the application to include the following information: (1) the identity of the particular target or targets, if known, which are the subject of the imaging surveillance device operation; (2) a statement of facts establishing the purpose for the use of the imaging surveillance device and the character of the information that the law enforcement agency or officer intends to obtain; (3) the location of the imaging surveillance device operation or the particular place where the operation is to take place; (4) a statement of the period of time during which the imaging surveillance device operation is to be conducted; and (5) a particular statement of facts showing that other normal investigative procedures with respect to the unlawful activity have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ.

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Jay Webber (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document