Criminal procedure: search warrants: tracking devices.

Existing law provides that a search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing or things, and the place to be searched. Existing law provides that a search warrant shall be executed and returned within 10 days after date of issuance. This bill would establish rules regarding tracking device search warrants. The bill would provide that the length of time that a tracking device may be used shall not exceed 45 days, except as specified. The bill would provide that an officer executing a tracking device search warrant shall not be required to knock and announce his or her presence before executing the warrant. The bill would provide that no later than 10 calendar days after the use of the tracking device has ended, the officer who executed the tracking device warrant shall serve a copy of the warrant on the person who was tracked or whose property was tracked. Because this bill would require local law enforcement officials to perform additional duties, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.