§1317. Application for an order for use of a cellular tracking device

            A. An investigative or law enforcement officer shall not use a cellular tracking device unless either of the following occur:

            (1) The investigative or law enforcement agency has obtained an order issued by a court to use the tracking instrument.

            (2) Exigent circumstances exist that necessitate using the tracking instrument without first obtaining a court order.

            (3) If an investigative or law enforcement agency uses a cellular tracking device based upon the existence of exigent circumstances, the investigative or law enforcement agency shall seek to obtain an order issued by a court not later than seventy-two hours after the initial use of the cellular tracking device.

            B. An application made pursuant to this Section shall include:

            (1) The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation.

            (2) A certification by the applicant attesting that the information sought is relevant to an ongoing felony criminal investigation being conducted by that agency, and includes in that certification a recital of facts or information constituting the reasonable suspicion upon which the application is based.

            Acts 2016, No. 308, §2.