Rule 4-612. Order for Cell Site Simulator or Electronic Device Location Information

(a) Definitions. The definitions in Code, Criminal Procedure Article, § 1-203.1 (a) apply in this Rule.

(b) Submission of Application for Order.

(1) Generally. The application for an order for cell site simulator or electronic device location information shall conform to the requirements of Code, Criminal Procedure Article, § 1-203.1.

(2) Method of Submission. An applicant may submit the application by delivering the application, the affidavit, and a proposed court order to a judge (A) in-person or (B) by secure and reliable facsimile or electronic mail that permits the judge to print the complete text of the documents.

(3) Discussion About Application. Upon receipt of an application, the judge may discuss it with the applicant in person or by telephone, video conferencing, or other electronic means.

(c) Issuance of Order.

(1) Generally. A court may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device if there is probable cause to believe that a misdemeanor or felony has been or will be committed by the owner or user of the electronic device or by an individual about whom the information sought by the cell site simulator or the location information is being sought, and the information sought by the cell site simulator or the location information being sought (1) is evidence of or will lead to evidence of the misdemeanor or felony being investigated or (2) will lead to the apprehension of an individual for whom an arrest warrant has been previously issued. The order issued and the notice of the order shall conform to the requirements of Code, Criminal Procedure Article, § 1-203.1.

ught by the cell site simulator or the location information being sought (1) is evidence of or will lead to evidence of the misdemeanor or felony being investigated or (2) will lead to the apprehension of an individual for whom an arrest warrant has been previously issued. The order issued and the notice of the order shall conform to the requirements of Code, Criminal Procedure Article, § 1-203.1.

(2) Method of Issuance. The judge may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device by (A) signing an order and recording on it the date and time of issuance, and (B) delivering the signed and dated order, along with a copy of the application and affidavit, to the applicant in person or by secure and reliable facsimile or electronic mail that permits the applicant to print the complete text of the documents.