Skip to main content
S 3045Criminal Procedure

Criminal Procedure - Search Warrants

Requires law enforcement to obtain a search warrant based on probable cause before installing and using tracking devices.

Held for study
Population
Affected
15
Email Legislator
Introduced Mar 5, 2026Committee Senate Judiciary

Plain-English Summary

This legislation establishes a legal framework for law enforcement to use tracking devices. It defines a tracking device as an electronic or mechanical tool used to monitor the movement of a person or object. To use such a device, a police officer must obtain a warrant from a court based on probable cause. The warrant must specify who or what is being tracked and requires the device to be installed within ten days of issuance. The tracking period is limited to fifteen days, although the court may grant extensions for good cause.

For younger readers

This new rule creates specific steps police must follow if they want to use a gadget to track where a person or an object goes. Just like police need permission to search a house, they now need a special paper signed by a judge, called a warrant, to use a tracker. The judge will only say yes if there is a good reason. The police have to put the tracker on quickly, and they can only use it for about two weeks unless the judge gives them permission to use it longer.

Who & Where It Applies

Impacted groups
Law enforcement officersJudges and court magistratesCriminal suspectsPrivacy advocatesVehicle owners
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 judicial oversight and probable cause before law enforcement can use invasive tracking technology on individuals.
  • Limits the duration of surveillance to fifteen days, preventing indefinite monitoring of individuals without renewed judicial approval and justification.
  • Establishes clear definitions and procedures, potentially reducing the likelihood of police abuse or unregulated use of tracking devices against marginalized communities.
  • Allows for multiple extensions of the surveillance period, potentially leading to prolonged tracking of individuals if a judge repeatedly grants approval.
  • Does not explicitly require that the person being tracked be notified after the surveillance concludes, limiting their ability to challenge the legality of the search later.
  • Focuses on regulating the use of tracking devices rather than banning them, validating the use of surveillance technology that is often disproportionately weaponized against activists and the poor.
For Conservatives
  • Protects private property rights and personal privacy by requiring the government to prove probable cause before attaching devices to citizens' property.
  • Upholds the rule of law by establishing a strict legal framework for police investigations, ensuring evidence is gathered constitutionally and will hold up in court.
  • Limits the government's power to spy on citizens by setting strict time limits on how long a tracking device can be active without fresh justification.
  • Creates additional bureaucratic hurdles for law enforcement officers who need to act quickly to track suspects or recover stolen property.
  • Limits the time frame for surveillance to fifteen days, which may be insufficient for complex investigations involving organized crime or drug trafficking.
  • Restricts police tactics by requiring a specific warrant for tracking devices, potentially tipping the scales in favor of criminals who use sophisticated evasion techniques.

Votes

Loading votes...

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.