New Hampshire legislators considering bill to require police to a warrant before extracting info from cell phones and GPS

**Jenna** · 01-30-12, 07:34 PM

New Hampshire police would need a warrant to extract information from cellphones and global positioning satellite devices under legislation intended to protect people's privacy.

The House Criminal Justice and Public Safety Committee will hold a hearing Tuesday afternoon on state Rep. Neal Kurk's bill that also applies to others who want to extract photos, phone contact lists and other information from the devices.

Assistant Safety Commissioner Earl Sweeney said police usually get a warrant before extracting information from an individual's device, but currently can act without one in an emergency. He said he could support the bill if it contained an exception for emergency situations.

Sweeney said police need to have the devices in their possession to access photos, which cellular telephone companies do not store on their remote systems. They also may look at contact information to show a suspect knew someone though he or she denied it during questioning.

"A person could be chained in a basement somewhere and a suspect has been taking pictures of them," he said as an example of when the photos would be useful in an investigation.

Sweeney said he also is concerned the bill could bar looking for someone electronically under the emergency 911 system by using the device's geographical positioning locator. He said time could be critical in locating someone who is lost.

More here: NH police would need warrant to access cellphones - Boston.com

**jmur5074** · 01-30-12, 08:06 PM

That's ridiculous. Since when is this a legislators job?

I'm pretty sure just about every court in the country has ruled on this issue and there's case law in place.

If the entire state of new hampshire doesn't have any case law on this topic, just give it time. Something will come up. Legislators shouldn't be judicial decisions.

Another example of government overstepping their bounds.

**213th** · 01-30-12, 09:12 PM

On the surface, it sounds like it makes sense (although to JMur's point, why should the legislature even be concerned with this).

However, as pointed out in the article, I can see how it would be a major hindrance in some circumstances.

Also, if in most circumstances, warrants are already obtained in most circumstances, how did this become an issue? Sounds to me like someone is trying to bolster his resume.