BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2055
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2055 (Fuentes)
          As Amended  August 22, 2012
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |72-0 |(May 3, 2012)   |SENATE: |36-0 |(August 28,    |
          |           |     |                |        |     |2012)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    PUB.S.  

           SUMMARY  :  Establishes procedures for the issuance of a search 
          warrant authorizing the electronic tracking of a vehicle.  

           The Senate amendments  :

          1)Expand the grounds to obtain a tracking-device search warrant 
            to include misdemeanor violations of the Fish and Game Code 
            and the Public Resources Code.

          2)Specify that the provisions of this bill do not create a cause 
            of action against any foreign or California Corporation, its 
            officers, employees or agents who provide location information 
            to law enforcement.

           EXISTING FEDERAL LAW  provides that "the right of the people to 
          be secure in their persons, houses, papers, and effects, against 
          unreasonable searches and seizures, shall not be violated, and 
          no Warrants shall issue, but upon probable cause, supported by 
          Oath or affirmation, and particularly describing the place to be 
          searched an the persons or things to be seized."  

           EXISTING STATE LAW  :

          1)Provides that "the right of the people to be secure in their 
            persons, houses, papers and effects against unreasonable 
            seizures and searches may not be violated; and a warrant may 
            not issue except on probable cause, supported by oath or 
            affirmation, particularly describing the place to be searched 
            and the persons and things to be seized." 

          2)Prohibits exclusion of relevant evidence in a criminal 
            proceeding on the ground that the evidence was obtained 
            unlawfully, unless the relevant evidence must be excluded 








                                                                  AB 2055
                                                                  Page  2

            because it was obtained in violation of the federal 
            Constitution's Fourth Amendment.

          3)Defines a "search warrant" as a written order in the name of 
            the people, signed by a magistrate and directed to a peace 
            officer, commanding him or her to search for a person or 
            person, a thing or things, or personal property.   

          4)Provides the specific grounds upon which a search warrant may 
            be issued, including when the property or things to be seized 
            consist of any item or constitute any evidence that tends to 
            show a felony has been committed, or tends to show that a 
            particular person has committed a felony.  

          5)Provides that a search warrant cannot be issued but upon 
            probable cause, supported by affidavit, naming or describing 
            the person to be searched or searched for, and particularly 
            describing the property, thing or things and the place to be 
            searched.  

          6)Requires a magistrate to issue a search warrant if he or she 
            is satisfied of the existence of the grounds of the 
            application or that there is probable cause to believe their 
            existence.  

           AS PASSED BY THE ASSEMBLY  , this bill established procedures for 
          tracking-devices search warrants.  Specifically,  this bill  :  

          1)Allowed a tracking-device search warrant to be issued when the 
            information to be received from the use of a tracking device 
            constitutes evidence that tends to show a felony has been 
            committed or is being committed, tends to show that a 
            particular person has committed a felony or is committing a 
            felony, or will assist in locating an individual who has 
            committed or is committing a felony.

          2)Provided that a tracking-device search warrant shall be 
            executed in a manner meeting the requirements specified in 
            Penal Code Section 1534(b).

          3)Required a tracking-device search warrant to identify the 
            person or property to be tracked and to specify a reasonable 
            length of time, not to exceed 30 days, from the date the 
            warrant is issued, that the device may be used.









                                                                  AB 2055
                                                                  Page  3

          4)Allowed the court to grant one or more extensions for the time 
            that the device may be used if good cause is established.

          5)Provided that each extension may last a reasonable length of 
            time, but may not exceed 30 days.

          6)Stated that the search warrant shall command the officer to 
            execute the warrant by installing a tracking device or by 
            serving a warrant on a third-party possessor of the tracking 
            data.

          7)Required the officer to perform any installation authorized by 
            the warrant during the daytime, unless the magistrate 
            expressly authorizes installation at another time for good 
            cause.

          8)Mandated execution of the warrant to be completed no later 
            than 10 days immediately after the date of issuance.

          9)Deemed a warrant executed within this 10-day period to be 
            timely executed.

          10)Provided that after 10 days the warrant shall be void, unless 
            it has been executed.

          11)Stated that an officer executing a tracking-device search 
            warrant is not required to knock and to announce his or her 
            presence before execution.

          12)Required the officer executing the warrant to file a return 
            to the warrant no later than 10 calendar days after the use of 
            the tracking device has ended.

          13)Required the officer executing the warrant to serve a copy of 
            the warrant on the person who was tracked or whose property 
            was tracked no later than 10 calendar days after the use of 
            the tracking device has ended.

          14)Authorized a judge, for good cause, to delay service of a 
            copy of the warrant if a government agency makes this request.

          15)Defined a "tracking device" as any electronic or mechanical 
            device that permits the tracking of the movement of a person 
            or object.









                                                                  AB 2055
                                                                  Page  4

          16)Defined "daytime" as the hours between 6:00 a.m. and 10:00 
            p.m. according to local time.

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  According to the author, "On January 23, 2012, the 
          United States Supreme Court held in United States v. Jones, that 
          the warrantless use of a self-contained GPS tracking device on a 
          motor vehicle, and its use of that device to monitor the 
          vehicle's movements, constituted a "search" and therefore 
          violated the protections guaranteed by the Fourth Amendment to 
          the United States Constitution.

          "Unfortunately, the Supreme Court did not explicitly state that 
          a warrant was required to use a self-contained GPS tracking 
          device, nor did they state whether any of the exceptions to the 
          warrant requirement apply to the use of a self-contained GPS 
          tracking device.  Because of the Court's silence courts and law 
          enforcement agencies are using different standards for the use 
          of these devices.

          "AB 2055 would apply a uniform statewide standard for the use of 
          electronic tracking devices that would require law enforcement 
          to prepare a warrant that would require judicial review and 
          approval before they could be used in California.  The language 
          in AB 2055 is modeled on the Federal Rules of Criminal 
          Procedure."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by :    Sandy Uribe / PUB. S. / (916) 319-3744 


                                                                FN: 0005490