Establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity

This bill establishes procedures and requirements for reverse-location searches by law enforcement or any governmental entity. The bill provides that for a criminal investigation or prosecution, a law enforcement agency shall not obtain reverse-location information for electronic devices within a geofence unless the law enforcement agency obtains a search warrant as provided under the bill, the investigation or prosecution involves a violent felony, and the law enforcement agency can demonstrate an imminent, ongoing threat to public safety. A law enforcement agency shall include with the sworn warrant application a map or other visual depiction that represents the geofence for which the warrant is seeking information and specific language providing notice. If a court grants a warrant, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency. A law enforcement agency that obtains reverse-location information by placing a geofence around a public building without obtaining a search warrant is not justified by qualified immunity. The bill provides that a law enforcement agency shall not obtain reverse-location information based on cell site records unless the law enforcement agency obtains a search warrant as provided, the investigation or prosecution involves a violent felony, and the law enforcement agency can demonstrate an imminent, ongoing threat to public safety. To obtain cell site-based reverse-location information, a law enforcement agency shall include with the sworn warrant application a visual depiction or written description that identifies the crime scene location and any other areas of interest related to the crime, the location of cell sites from which the reverse-location information is sought, and the distance between the crime scene location and the cell sites from which the reverse-location information is sought; provide specific notice language; and establish probable cause to believe that evidence of a crime will be found within the cell site records and within a specified period of time. If a court grants a warrant, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency. The bill provides that a law enforcement agency shall not use, copy, or disclose, for any purpose, reverse-location information obtained under a warrant that is not related to the crime that is the subject of the warrant and is collected as part of an effort to obtain the reverse-location information of an electronic device that is related to the crime that is the subject of the warrant obtained under the bill. The law enforcement agency shall destroy in an unrecoverable manner the reverse-location information as soon as reasonably possible after the criminal case is declined for prosecution or, if criminal charges are filed, upon the final disposition of the criminal case. Reverse-location information shall not be compared with, merged with, linked to, or in any way electronically or otherwise connected to a source of electronic data, or used in any other criminal investigation unless all the electronic data is obtained for the purpose of investigating the same criminal incident. A person or entity that provides reverse-location information shall ensure that the reverse-location information is anonymized before the reverse-location information is provided to a law enforcement agency. The bill provides the procedure for obtaining additional identifying information. A law enforcement agency seeking a warrant may submit a request, and the court may grant permission, to delay service of the notice required not to exceed 30 days if the court determines that there is reasonable cause to believe that the notification may do any of the following: endanger the life or physical safety of an individual, cause a person to flee from prosecution, lead to the destruction of or tampering with evidence, intimidate a potential witness, or otherwise seriously jeopardize an investigation or unduly delay a trial. The bill provides that reverse-location information or identifying information obtained in violation of the provisions of the bill is subject to the rules governing exclusion of evidence as if the records were obtained in violation of the fourth amendment to the Constitution of the United States and Article I, section 8, of the Constitution of the State of Iowa. Beginning January 1, 2027, a law enforcement agency or any government entity that obtained a reverse-location warrant shall annually, on or before April 30, submit a report to the general assembly. The bill provides definitions.