(1) Except as provided in Subsection (2), a government entity may not operate an imaging surveillance device without a search warrant issued upon probable cause.
(2) A government entity may operate an imaging surveillance device without a search warrant:
(a) for testing equipment or training if the testing or training:
(i) is not conducted as part of an investigation or law enforcement activity; and
(ii) is conducted with the knowledge and consent of:
(A) each individual who is imaged; and
(B) an owner of each property that is imaged;
(b) in exigent circumstances; or
(c) in fresh pursuit of a person suspected of committing a felony.