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H 8087Criminal Procedure

Criminal Procedure - Search Warrants

This bill requires police to obtain a search warrant before using tracking devices, limiting their use to fifteen-day periods.

Introduced69 Yea0 Nay6 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation establishes clear rules for law enforcement officers who wish to use tracking devices, such as GPS trackers, to monitor a person or property. Under this bill, police must first obtain a search warrant from a judge by showing probable cause. The warrant must specify who or what is being tracked. Once issued, the police have 10 days to install the device. The tracking is limited to a period of 15 days, although a judge can grant extensions in 15-day increments if there is a valid reason to do so.

For younger readers

This law creates rules for when police officers want to use a special gadget to follow where a person or object goes. Just like a treasure map shows a path, a "tracking device" allows police to see where someone is moving. Before police can use one, they must ask a judge for permission, which is called a "warrant." The judge decides if there is a good reason for it. If the judge says yes, the police can only use the tracker for a short time, usually about two weeks, unless the judge agrees they need more time.

Who & Where It Applies

Impacted groups
Law enforcement officersJudgesCriminal suspectsDefense attorneysPrivacy advocates
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects civil liberties by mandating that law enforcement obtain a warrant based on probable cause before utilizing invasive tracking technology, ensuring judicial oversight of police surveillance.
  • Prevents indefinite state surveillance of individuals by imposing a strict fifteen-day limit on tracking warrants, requiring police to justify any need for continued monitoring.
  • Codifies the definition of tracking devices and the procedures for their use, reducing the ability of law enforcement to operate in legal gray areas regarding electronic privacy.
  • Allows for multiple extensions of the tracking period based on "good cause," which is a potentially vague standard that could allow surveillance to continue for long periods without establishing new probable cause.
  • Does not explicitly mandate the destruction of data collected during the tracking period if the suspect is found to be innocent, raising concerns about data retention.
  • Lacks a requirement to notify the individual that they have been tracked after the investigation concludes, potentially leaving citizens unaware that their privacy was intruded upon.
For Conservatives
  • Reinforces Fourth Amendment rights by requiring the government to secure a warrant based on probable cause before infringing on a citizen's property and privacy with a tracking device.
  • Checks government overreach by placing strict time limits on surveillance operations, ensuring that the state cannot monitor citizens indefinitely without ongoing judicial approval.
  • Upholds the rule of law by establishing a clear, statutory framework for police investigations, ensuring that law enforcement agencies operate within defined legal boundaries.
  • Creates bureaucratic hurdles that could slow down urgent police investigations, potentially allowing criminals to evade capture while officers wait for a judge to sign a warrant.
  • Restricts the effectiveness of law enforcement by limiting tracking to fifteen-day windows, which may be insufficient for investigating complex criminal networks or gangs.
  • Mandates a ten-day installation window that may be logistically difficult to meet in dangerous or rapidly changing situations, potentially causing warrants to expire before they can be executed.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 11 additions

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby amended by adding thereto the following section: 12-5-11. Warrant for a tracking device.

(a) For purposes of this section, a "tracking device" means an electronic or mechanical device which permits the tracking or the movement of a person or object.

(b) A warrant for the installation and use of a tracking device shall state the date and times of its issuance and the grounds for probable cause for its issuance and shall command the law enforcement officer to complete the installation of the device within a specific period not later than ten (10) days after the date of its issuance. The warrant for a tracking device shall identify the person or property to be tracked and specify a reasonable length of time that the device may be installed. The time shall not exceed fifteen (15) days from the date the warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed fifteen (15) days each.

SECTION 2. This act shall take effect upon passage.