Texas Senate Bill SB1867

Texas 2021 - 87th Regular

Caption

Relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches.

Impact

The legislation is significant as it outlines the conditions under which law enforcement can access location information through electronic service providers. It sets forth requirements that must be met to establish probable cause before a warrant can be issued. Additionally, SB1867 allows officers to act without a warrant in emergency situations that pose an immediate danger to life, emphasizing the balance between public safety needs and the protection of individual rights.

Summary

SB1867 addresses the procedures surrounding the issuance and execution of certain search warrants in criminal investigations and establishes guidelines for the admissibility of evidence gathered through these searches. Specifically, the bill revisions are directed at the Code of Criminal Procedure, most notably adding considerations for how location information can be obtained and utilized by law enforcement without infringing on individuals' rights. This enhances the framework for electronic communication while bolstering police responsibilities during investigations.

Contention

Notable points of contention surrounding SB1867 include concerns over privacy rights in the digital age, particularly regarding the collection of location data without a warrant. Critics argue that the provisions for emergency disclosures could lead to potential abuse by law enforcement, undermining the safeguards intended to protect citizens' rights. Proponents, however, assert that these measures are necessary to enable timely responses in critical situations, ensuring that law enforcement can act effectively when public safety is at stake.