In Missouri, the state House of Representatives recently and overwhelmingly passed a bill that would compel law enforcement officials to get a warrant before tracking a person’s electronic mobile device(s).
Two pages long, Missouri House Bill 1388 amends Chapter 542 of the Revised Statutes of Missouri pertaining to “Proceedings to Preserve the Peace – Searches and Seizures.” The bill is sponsored by Republican Robert Cornejo of St. Peters, who said upon introducing his bill in January, “The data you’re able to collect off a cell phone is pretty powerful . . . law enforcement officials can now access a pretty clear picture of your entire life,” without having to prove probable cause.
One critic of Cornejo’s bill is fellow Republican State Rep. Bill White of Jopline, who said:
“I appreciate what you’re doing in terms of privacy, but I want to make sure we don’t hamstring law enforcement in legitimate activities.”
The amendment outlines the conditions in which one’s electronic devices may be tracked: “A government entity shall not obtain the location information of an electronic device without a search warrant issued by a court of competent jurisdiction,” unless:
1. The device is reported stolen by the owner;
2. To respond to the user’s call for emergency services;
3. With the informed affirmative consent of the owner or user of the electronic device; or
4. A possible life-threatening situation exists
The bill goes on to say that any evidence obtained that violates the amendment will be inadmissible in “civil, criminal, or administrative proceeding.”
The Republican-led Missouri House of Representatives passed HB 1388 134-13, receiving strong support from both parties. The bill now moves to the Missouri Senate where Republicans also hold a majority, 24-9. If it passes, then it moves to the desk of Democratic Governor Jay Nixon.Missouri bill to require warrants for tracking mobile devices receives strong bipartisan support.
Nixon has not indicated what he will do with the bill, which still faces the Senate, but the second-term governor already has the distinction of being the Missouri chief executive with the most veto overrides in nearly two hundred years. While Republicans tallied up ten veto overrides during a single session in 2013, the bigger issues of a GOP tax cut and the state’s interposition on federal gun regulations fell short of an override.
In addition to requiring government agencies to get a search warrant before tracking an electronic device, Missouri has been at the forefront of the so-called state sovereignty movement. Other Missouri legislation designed to curb federal government power has included a variety of bills nullifying certain federal gun laws as well as same-sex marriage, which Missouri voters rejected in 2004.
Photo Credit: Alan Brandt / AP