S 529 should have already been passed but it languishes in the Rules Committee | Eastern North Carolina Now

    Publisher's Note: This article originally appeared in the Beaufort Observer.

    Every session, hundreds of bills are introduced that are sent to the "Rules Committee" in both houses, never to be heard from again. Some call the Rules committees the "Black Hole." It is a powerful weapon the leadership uses to discipline rogue members. If you cross up the leadership you may find your bills stuck in Rules and they not only don't get a vote, but they are not even heard in committee.

    We don't know if Senate Bill 529 is one of those bills that is being "deep sixed" but it should not be if that is what's happening. S 529 was introduced back in March (28th) and sent to the Senate Rules Committee. Nothing has happened since, according to the Senate records. The bill is co-sponsored by Senators Thom Goolby and Warren Daniel as primary sponsors with Chad Barefoot being listed as a co-sponsor. It is entitled Search Warrant/Cell Phone Location Info.

    The bill would do what the title implies.

    Cell phones, iPads and other electronic devices have features built in that allows an electronic record to be produced that shows where the device has been located. Back when they first came on the market the makers said it was for safety purposes. Emergency communications centers could tell were a phone that was used to call for help was located. In short, they are tracking devices. They track everywhere you've been if you've had a phone or tablet with you.

    But in recent years we have learned that many law enforcement agencies obtain this information, for a number of reasons. The U. S. Supreme Court recently ruled that search warrants are required if the evidence obtain from these records is used in a court of law.

    But what's been leaned in recent months is that some law enforcement officials don't get warrants, because they do not have sufficient probable cause to get a judge to issue one. What they do is use the tracking records to gather other evidence which is then used to obtain a search warrant or arrest warrant.

    What S 529 would do is make obtaining tracking information illegal unless the officer has probable cause sufficient to obtain a search warrant.

    It also mandates that the court system keep records of these activities and make a report to the Legislature about what is going on.

    We think S 529 is a good bill and that it should be passed. At the very least it should get a hearing and be debated in the Legislature.

    Our laws often lag behind technology. But it is a long-held legal principle that the government cannot collect private information on a person and then use it as evidence without have a good reason--probable cause. The officer must present his reasons to a judge and if the just believes there is probably cause that a crime is taking place he can issue a search warrant. So S 529 would not prevent criminals from being punished. But what it would do is make it illegal for a law enforcement official to go on a fishing expedition just to see what they can find out about someone. For us, that's a clear violation of the Fourth Amendment's protection against unreasonable search and seizure.

    The bill should be passed.

    Meanwhile, he Justice Department is trying to keep its practices on warrantless searches of telecommunications secret: Click here to read more.