HB96 Alabama 2016 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2016

Title

Searches and seizures, surveillance, electronic tracking devices, law enforcement authorized to use upon issuance of a warrant

Summary

HB96 would let circuit or district judges issue warrants to install, use, and monitor tracking devices on people or objects, with rules for how the surveillance must be conducted.

What This Bill Does

It authorizes warrants for installation, retrieval, maintenance, use, or monitoring of tracking devices and sets required details for the warrant. Warrants may last up to 45 days and can be extended in 45-day increments if there is ongoing probable cause. It specifies how law enforcement may access the tracked item, when installation must occur, and how notices to the tracked person can be delayed for safety, with rules for returning inventories and sealing documents. It also allows location data to be monitored from anywhere in Alabama, and sets an effective date for the act.

Who It Affects

• Individuals or their property who may be tracked by a device (they could be installed, monitored, and may have delayed notice).
• Law enforcement agencies and prosecutors who must follow the warrant procedures when using tracking devices.

Key Provisions

• Authorized judges may issue warrants to install, retrieve, maintain, use, or monitor a tracking device.
• Warrant applications must show probable cause, identify the person or object, and describe what will be tracked.
• Warrants may last up to 45 days and may be extended in 45-day increments based on renewed probable cause.
• The warrant may authorize access to the tracked item and related locations for installation, maintenance, or retrieval; daytime access is required unless exceptions apply.
• Installations should occur within 10 days, and a written warrant return with an inventory must be filed within 10 days after surveillance ends.
• The device should be retrieved as soon as practicable; if not feasible, monitoring ends at expiration.
• Notice to the tracked person may be delayed up to 90 days after return to protect investigations, with possible further 90-day extensions if adverse results persist.
• Warrants, applications, and related documents may be sealed until notice is given to the tracked person.
• Installation may occur in any county within the issuing judge's jurisdiction; location data may be monitored from anywhere in Alabama unless federal law forbids.

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

Subjects

Surveillance