SB278 Alabama 2014 Session

Summary

Primary Sponsor

George M. “Marc” Keahey

Democrat

Session

Regular Session 2014

Title

Criminal Procedure, criminal surveillance, judge authorized to issue warrant for installation, removal, maintenance, use, and monitoring of tracking device upon written application of law enforcement officer or district attorney

Summary

SB278 would let judges issue warrants to install, monitor, remove, or maintain tracking devices on people or objects, and create a crime for unlawfully installing such devices.

What This Bill Does

It allows any judge authorized to issue search warrants to issue a tracking-device warrant on the written application of a law enforcement officer or district attorney. It creates the crime of unlawfully installing a tracking device when someone installs one without following the act’s procedures, with limited exceptions for devices owned or operated by individuals or businesses. It sets warrant rules, including identifying the target, describing the item to be tracked, duration up to 45 days with extensions, installation within 10 days, and access to locations for installation, maintenance, or retrieval. It requires notice to the tracked person (which can be delayed up to 90 days if adverse results) and allows monitoring of the device anywhere in Alabama; removal occurs after the authorization period ends and inventory/return requirements apply.

Who It Affects

• Law enforcement officers and district attorneys would be responsible for applying for, issuing, and executing tracking-device warrants and handling related procedures.
• Individuals or property that may be tracked would be subject to being tracked under a warrant, may receive notice, and could face criminal liability if someone unlawfully installs a tracking device.

Key Provisions

• Authorized judges may issue warrants to install, remove, maintain, use, and monitor a tracking device upon the written application of a law enforcement officer, district attorney, or state attorney general.
• A tracking device warrant must identify the target, describe the item or person to be tracked with particularity, and specify a tracking period not to exceed 45 days, with possible extensions for renewed probable cause; installation must occur within 10 days.
• The warrant requires an inventory and a written return, and service of notice to the tracked person or property owner within 10 days of use; notice can be delayed up to 90 days if adverse results are found, with possible further extensions.
• The device may be monitored from anywhere in the State of Alabama, and installation can occur in any county within the issuing judge’s jurisdiction; monitoring may continue even if the device is moved outside Alabama, subject to federal law.
• Unlawful installation of a tracking device is a Class A misdemeanor; there are exceptions for business entities or individuals using devices on property they own, lease, or operate.
• The bill is described as involving local funds under Amendment 621, but it is exempt from those requirements because it creates or defines a new crime; the act would become effective after the governor signs it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure