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SB 1864 would prohibit, with some exceptions, a peace officer from searching a person's cell phone or other wireless communications device without first obtaining a warrant to do so. Under the provisions of this bill a peace officer would only be allowed to search a cellular telephone or other wireless communications device without a warrant if the owner consents to the search, the device is reported stolen, the officer reasonably believes that the device is in possession of a fugitive from justice, or in case of a life threatening emergency.
SB 1864 addresses a legitimate concern of government overreach created when law enforcement officers conduct warrantless searches of private wireless communications devices. The United States Constitution specifically protects the right to be secure “against unreasonable searches and seizures.” This bill supports that constitutional right.
We support SB 1684 for preserving limited government and protecting individual liberty and private property rights.