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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: January 13, 2017 01:11 PM
From: Representative Angel Cruz
To: All House members
Subject: Prohibit State and Local Police from Using Data Extraction Devices (Former HB 404)
In the near future, I will reintroduce legislation that would amend Title 75 (Vehicles) Section 6308 (Investigation by police officers) by prohibiting police officers from using data extraction devices when pulling a driver over for an infraction. A DED is a tool that can be used to extract data stored in a phone such as call history, text messages, contacts, images, videos, geotags, voicemails, voice recordings, multi-media messages, and subscriber identification module data.

The purpose of my legislation is to protect Pennsylvanians from unwarranted violations of their Constitutional rights which protect them against unreasonable search and seizures. In 2011, Michigan State Police faced public scrutiny due to allegations that they used DEDs on motorists without first obtaining warrants, and the unsuspecting motorists had their information taken. Despite this, local, state and federal law enforcement agencies continue to use DEDs to extract data without warrants on unsuspecting citizens. My legislation would ensure that Pennsylvania motorists are not subject to the use of DEDs in this manner when they are pulled over by police officers.

I ask that you join me in co-sponsoring this legislation. Thank you in advance for your consideration.

If you have any questions or concerns, please contact my Harrisburg office at 717-705-1925.

Previous co-sponsors:

Introduced as HB658