Oklahoma § 13-177.6 - Search warrant for installation or use of tracking

§ 13-177.6. Search warrant for installation or use of tracking

device - Period of monitoring - Service of warrant upon affected

persons.

A. Any magistrate may issue a search warrant authorizing the

installation or use of a tracking device in any moveable item,

container, vehicle or other vessel. Such warrant may authorize the

use of that tracking device within the jurisdiction of the

magistrate, and outside that jurisdiction if the tracking device is

installed within the magistrate’s jurisdiction. No such warrant

shall issue unless probable cause is shown for believing that such

installation or use will lead to the discovery of evidence, fruits,

Oklahoma Statutes - Title 13. Common Carriers

or instrumentalities of the commission or attempted commission of an

offense. Any application or affidavit seeking such a search warrant

shall inform the magistrate of the name or names of the persons, if

known, likely to have a reasonable expectation of privacy in the

area where the tracking device is to be installed. Nothing here

shall be construed as requiring a warrant for such installation or

use if a warrant is not required under the Constitution of the

United States of America.

B. Search warrants issued under this section may authorize

intrusions into the item, container, vehicle or vessel for the

purpose of installing the tracking device or for maintenance or

retrieval of the tracking device. No search warrant issued under

this section shall permit the monitoring of a tracking device for

longer than sixty (60) days unless an extension warrant is issued by

the magistrate upon a renewed showing of probable cause as required

in subsection A of this section.

C. Within ninety (90) days after the expiration of any period

of authorized monitoring of a tracking device, including any

extensions thereof, the law enforcement officer who obtained the

search warrant shall serve a copy of the search warrant which was

obtained pursuant to this section upon the person or persons likely

to have a reasonable expectation of privacy in the area where the

tracking device was installed. This ninety-day period may be

extended by the court for good cause shown. The search warrant and

supporting affidavit shall also be filed with the clerk of the

district court as is required of all other search warrants after

such parties are notified.

Added by Laws 2007, c. 339, § 3, eff. July 1, 2007.