Once the LD 415 bill is passed, Maine law enforcement will not be able to track a suspect's cell phone and other electronic devices without obtaining a search warrant. The bill is backed by legislators, conservative activists, the ACLU of Maine and technology experts.
"Lawmakers who wrote the original privacy laws could never have imagined the technology used today; therefore, new laws must be drawn up to protect mobile phone users," Sen. Katz said. The bill will increase privacy for smartphone users. However, the police can still arrest offenders by keeping tabs on their cell phones with a warrant.
Some US police departments do obtain a search warrant before tracking an individual's current or past location. However, there is no standard law requiring law enforcement to obtain a warrant before monitoring an individual's cell phone across the state.
While some police departments around the country obtain a warrant before accessing an individual's current or historical location information, there is no statewide standard in Maine. LD 415 would require law enforcement to obtain a probable-cause warrant in most cases before obtaining location data, with some emergency exceptions.
Shenna Bellows, Executive Director of the ACLU of Maine, says: "It is not reasonable to say, 'Do not use cell phones if you are concerned about your privacy.' Smartphones and GPS devices have become part of our day-to-day lives, and the police should not be allowed to check our mobile phones unnecessarily."