South Dakota 2022 Regular Session

South Dakota House Bill HB1036

Introduced
1/11/22  
Refer
1/12/22  
Report Pass
1/19/22  
Engrossed
1/20/22  
Refer
1/21/22  
Report Pass
1/27/22  
Enrolled
2/1/22  

Caption

Revise certain provisions regarding search warrants for tracking devices.

Impact

The implementation of HB 1036 is expected to impact state laws regarding the balance between law enforcement practices and individual privacy rights. By clearly delineating the conditions under which tracking devices may be authorized for use, the bill aims to provide law enforcement with necessary tools while ensuring that citizens’ rights are preserved. Moreover, this legislative change is likely to facilitate clearer procedures for officers in the execution of such warrants, thus reinforcing lawful investigative practices.

Summary

House Bill 1036 addresses the legal framework surrounding the issuance of search warrants specifically for tracking devices, such as GPS and cellular devices. The bill amends provisions related to how these warrants are issued, emphasizing the need for probable cause and specifying the details on the identification of persons or property to be tracked. Additionally, it establishes a maximum duration for the use of tracking devices, capping it at sixty days, with possible extensions upon showing of good cause.

Sentiment

The sentiment surrounding HB 1036 appears to be largely supportive among law enforcement communities, who view it as a pragmatic update to existing statutes that will enhance operational efficiency and clarity. However, there are concerns from privacy advocates who argue that expanding the use of tracking devices, even under regulated conditions, risks infringing on personal privacy rights. This dual sentiment highlights the ongoing tension between effective law enforcement techniques and safeguarding civil liberties.

Contention

Notable points of contention with HB 1036 relate to the extent of law enforcement's power to track individuals without their consent and the potential for misuse of tracking technologies. Critics may raise alarms regarding the lack of oversight and the implications that such tracking might have on the general public. The debate could center around whether the bill sufficiently protects citizens from possible abuses while addressing legitimate law enforcement needs, suggesting that the discussion will continue as implementations unfold.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.