RULE 4-612. ORDER FOR CELL SITE SIMULATOR OR ELECTRONIC DEVICE LOCATION INFORMATION
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022
Effective: April 1, 2022
MD Rules, Rule 4-612
RULE 4-612. ORDER FOR CELL SITE SIMULATOR OR ELECTRONIC DEVICE LOCATION INFORMATION
(1) Generally. A court may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device if there is probable cause to believe that a misdemeanor or felony has been or will be committed by the owner or user of the electronic device or by an individual about whom the information sought by the cell site simulator or the location information is being sought, and the information sought by the cell site simulator or the location information being sought (1) is evidence of or will lead to evidence of the misdemeanor or felony being investigated or (2) will lead to the apprehension of an individual for whom an arrest warrant has been previously issued. The order issued and the notice of the order shall conform to the requirements of Code, Criminal Procedure Article, § 1-203.1.
(2) Method of Issuance. The judge may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device by (A) signing an order and recording on it the date and time of issuance, and (B) delivering the signed and dated order, along with a copy of the application and affidavit, to the applicant in person or by secure and reliable facsimile or electronic mail that permits the applicant to print the complete text of the documents.
Source: This Rule is new.
Credits
[Adopted March 2, 2015, eff. July 1, 2015. Amended March 30, 2021, eff. July 1, 2021; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 4-612, MD R CR Rule 4-612
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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