; (ii) there are grounds upon which a warrant could be granted to authorize such access; and (iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. (B) Denial If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. (3) Event data recorder for motor vehicle safety In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note). (4) Rule of construction Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2732. Prohibition on use of acquired information as evidence (a) In general If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding by, in, or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Probable cause No data described in section 2731(b)(3) may be used to establish probable cause. . (b) Technical and conforming amendments (1) Driver Privacy Act of 2015 Section 24302 of the Driver Privacy Act of 2015 ( 49 U.S.C. 30101 note) is amended— (A) in subsection (b), in the matter preceding paragraph (1), by striking Data and inserting Except as provided in subsection (c), data