Mississippi House Bill HB376

Mississippi 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23
• Failed: 1/31/23

Caption

Cell site simulator device; require law enforcement agencies to obtain warrant before using.

Impact

The implications of HB376 are noteworthy, as it not only sets a precedent for increased regulation of surveillance technology but also aligns with growing public concerns surrounding data privacy and civil liberties. By requiring warrants, the legislation seeks to prevent indiscriminate surveillance and protect individuals from potential overreach by law enforcement. Amendments to Sections 41-29-701 and 41-29-513 of the Mississippi Code are meant to harmonize existing laws with the new requirements, indicating a systematic approach toward responsible use of surveillance tools.

Summary

House Bill 376 introduces significant amendments regarding the use of cell site simulator devices, commonly used by law enforcement to gather information from mobile communications. The bill stipulates that before law enforcement can utilize such devices to collect data, they must first obtain a search warrant. This warrant must be based on probable cause linking the individual whose information is sought to a crime. This requirement aims to enhance privacy protections and ensure that citizens' data can only be accessed with judicial oversight, thus promoting accountability among law enforcement agencies.

Contention

However, the bill isn't without its contentious points. While proponents argue that the warrant requirement is necessary for the protection of individual rights, critics raise concerns about potential delays in law enforcement's ability to act swiftly in cases where immediate action might be warranted, such as in situations involving imminent threats to life. For instance, the bill permits the use of a cell site simulator without a warrant in exigent circumstances, such as when there's a threat of imminent death or serious bodily harm. This balance between immediate law enforcement needs and civil liberties demonstrates the ongoing debate surrounding surveillance practices in modern policing.