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Committee Approves Changes to Law Enforcement Searches

Oct 04, 2019

The Senate Judiciary and Public Safety Committee reported legislation that makes changes to how law enforcement can conduct certain searches. The package of bills makes several reforms, including:

    • Requires law enforcement to obtain a warrant to search the premises of a person who had objected to a search, even if another person who occupies the space consents to a warrantless search when the person in question is not physically present.
    • Requires law enforcement to obtain a warrant to access a person’s digital information or data that is stored electronically, on a phone, or in the so-called cloud, with limited exceptions.
    • Prohibits law enforcement from obtaining, accessing, or using real-time facial recognition technology or any information obtained from the use of real-time facial recognition technology to enforce the law, with some exceptions in exigent circumstances.

The legislation has been referred to the Senate floor for consideration.

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