BILL NUMBER: AB 2055	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 23, 2012

   An act relating to searches.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2055, as introduced, Fuentes. Searches: GPS tracking.
   Existing law prohibits, with exceptions, the use of an electronic
tracking device to determine the location or movement of a person.
Under existing law a violation of these provisions is a misdemeanor.
Existing law states that these provisions do not apply to the lawful
use of an electronic tracking device by a law enforcement agency.
Existing decisional law, in the case of U.S. v. Jones, holds that the
attachment of a Global Positioning System (GPS) tracking device to a
vehicle and the use of the device to track the vehicle is a search
within the meaning of the Fourth Amendment to the United States
Constitution.
   This bill would state the intent of the Legislature to enact
legislation consistent with the holding in U.S. v. Jones.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation consistent with the holding in U.S. v. Jones (2012) 132
S.Ct. 945.