Texas House Bill HB352

Texas 2019 - 86th Regular

Caption

Relating to warrants issued to obtain cell site information through the use of a cell site simulator device and to public access to certain information relating to investigatory equipment; creating a criminal offense.

Impact

The most significant effect of HB352 is its explicit definition and regulation of cell site simulator devices. By establishing clear legal procedures around their use, this bill seeks to protect citizens’ privacy while providing law enforcement with the necessary tools to engage in effective crime prevention and investigation. Moreover, it addresses the legality of evidence gathered using such technology, ensuring that if a warrant is not obtained or if an emergency does not exist, any evidence may be deemed inadmissible in court. These changes are designed to reinforce checks on the police powers concerning the usage of advanced investigatory techniques.

Summary

House Bill 352 introduces regulations concerning the issuance of warrants for cell site information obtained via cell site simulator devices, commonly used by law enforcement. The bill maintains that a district judge can issue such warrants only upon the application of an authorized peace officer and requires specific details in the warrant application, such as identification of the device in question and the facts suggesting probable cause for criminal activity. This legislation aims to balance the needs of law enforcement for tools to fight crime with the privacy rights of individuals whose communication data may be captured during investigations.

Conclusion

As discussions around HB352 unfold, it becomes increasingly clear that the balance between effective law enforcement and the privacy rights of citizens is a pivotal issue in modern legislative agendas. The act reflects a growing recognition within legal frameworks of the need to adapt to emerging technologies while still safeguarding individual liberties.

Contention

A notable point of contention stems from the privacy concerns raised by the use of cell site simulator devices, which can potentially capture information from devices that are not directly involved in criminal investigations. Opponents of such technology argue that its unregulated use can lead to overreach by law enforcement and violations of constitutional rights. The bill attempts to address these concerns by carefully delineating the circumstances under which a warrant can be issued and outlining prohibitions against the misuse of the gathered data. Nevertheless, debates over the adequacy of these protections and the potential for abuse still persist amongst civil rights advocates.