Could LE Have Ordered Release of SM’s Cell Geo-Location, Rcvd it Sooner?
Law in Colorado R.S. 18-9-312* allows LE to issue
order to cell co to provide
geo-location info to LE if supervising rep of the LE agency has "probable cause" to believe ---
"(I) An emergency situation exists that involves the risk of death or serious bodily injury to the named person or...; and (II) The time required to obtain a search warrant ... would increase such risk." sbm
BUT
18-9-312. 1.5(e)(1.) requires LE to request a court order from a judge
within 48 hours after ordering cell co to provide location of named person. In effect
retroactive authorization. Failure to secure a warrant results in 'suppression' that is, the info provided by cell co may not be admitted as evd in a crim procedure.
IOW "
fruit of the poisonous tree" doctrine re info unlawfully obtained by LE, and evidence resulting from it, is inadmissible as evd in crim trial.
Caveat: ^ My interp comes ^ from quickly reading CO statute itself, w'out searching case law, so may be off base.
As always, welcoming comment, clarification, correction, esp'ly from our legal & LE professionals.
Q1. If, based on CO law, CCSO or CBI had ordered cell co to provide geolocation of SM's phone,
would they have had or not had probable cause or reasonable basis for believing
"emergency situation exists that involves the risk of death or serious bodily injury and time required to obtain a search warrant ... would increase such risk.
Q2. Assuming the supervising rep of CCSO or CBI believed so and ordered cell co to provide geo-location, is it likely
a ct would have issued a order or warrant?
Q3. Would getting geolocation info this way (presumably sooner, than by usu. procedure) have substantially
changed the course of investigation?
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*
2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 9 - :: Offenses Against Public Peace, Order, and Decency :: Part 3 - :: Offenses Involving Communications :: § 18-9-312. Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications
Or https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-9-312.html