113 S1037 IS: Fourth Amendment Preservation and Protection Act of 2013 U.S. Senate 2013-05-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 1037 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure adequate protection of the rights under the Fourth Amendment to the Constitution of the United States.

1.

Short title

This Act may be cited as the Fourth Amendment Preservation and Protection Act of 2013.

2.

Findings

Congress finds that the right under the Fourth Amendment to the Constitution of the United States of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when the Federal Government or a State or local government acquires information voluntarily relinquished by a person to another party for a limited business purpose without the express informed consent of the person to the specific request by the Federal Government or a State or local government or a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

3.

Definition

In this Act, the term system of records means any group of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular associated with the individual.

4.

Prohibition

(a)

In general

Except as provided in subsection (b), the Federal Government and a State or local government is prohibited from obtaining or seeking to obtain information relating to an individual or group of individuals held by a third-party in a system of records, and no such information shall be admissible in a criminal prosecution in a court of law. (b)

Exception

The Federal Government or a State or local government may obtain, and a court may admit, information relating to an individual held by a third-party in a system of records if— (1)the individual whose name or identification information the Federal Government or State or local government is using to access the information provides express and informed consent to the search; or (2)the Federal Government or State or local government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.