Section 103 - Notification required -- Delayed notification.

UT Code § 77-23c-103 (2019) (N/A)
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(1) (a) Except as provided in Subsection (2), a law enforcement agency that executes a warrant pursuant to Subsection 77-23c-102(1)(a) or 77-23c-104(3) shall, within 14 days after the day on which the electronic information or data that is the subject of the warrant is obtained by the law enforcement agency, issue a notification to the owner of the electronic device or electronic information or data specified in the warrant that states: (i) that a warrant was applied for and granted; (ii) the kind of warrant issued; (iii) the period of time during which the collection of the electronic information or data was authorized; (iv) the offense specified in the application for the warrant; (v) the identity of the law enforcement agency that filed the application; and (vi) the identity of the judge who issued the warrant. (b) The notification requirement under Subsection (1)(a) is not triggered until the owner of the electronic device or electronic information or data specified in the warrant is known, or could be reasonably identified, by the law enforcement agency.

(a) Except as provided in Subsection (2), a law enforcement agency that executes a warrant pursuant to Subsection 77-23c-102(1)(a) or 77-23c-104(3) shall, within 14 days after the day on which the electronic information or data that is the subject of the warrant is obtained by the law enforcement agency, issue a notification to the owner of the electronic device or electronic information or data specified in the warrant that states: (i) that a warrant was applied for and granted; (ii) the kind of warrant issued; (iii) the period of time during which the collection of the electronic information or data was authorized; (iv) the offense specified in the application for the warrant; (v) the identity of the law enforcement agency that filed the application; and (vi) the identity of the judge who issued the warrant.

(i) that a warrant was applied for and granted;

(ii) the kind of warrant issued;

(iii) the period of time during which the collection of the electronic information or data was authorized;

(iv) the offense specified in the application for the warrant;

(v) the identity of the law enforcement agency that filed the application; and

(vi) the identity of the judge who issued the warrant.

(b) The notification requirement under Subsection (1)(a) is not triggered until the owner of the electronic device or electronic information or data specified in the warrant is known, or could be reasonably identified, by the law enforcement agency.

(2) A law enforcement agency seeking a warrant pursuant to Subsection 77-23c-102(1)(a) or 77-23c-104(3) may submit a request, and the court may grant permission, to delay the notification required by Subsection (1) for a period not to exceed 30 days, if the court determines that there is reasonable cause to believe that the notification may: (a) endanger the life or physical safety of an individual; (b) cause a person to flee from prosecution; (c) lead to the destruction of or tampering with evidence; (d) intimidate a potential witness; or (e) otherwise seriously jeopardize an investigation or unduly delay a trial.

(a) endanger the life or physical safety of an individual;

(b) cause a person to flee from prosecution;

(c) lead to the destruction of or tampering with evidence;

(d) intimidate a potential witness; or

(e) otherwise seriously jeopardize an investigation or unduly delay a trial.

(3) (a) When a delay of notification is granted under Subsection (2) and upon application by the law enforcement agency, the court may grant additional extensions of up to 30 days each. (b) Notwithstanding Subsection (3)(a), when a delay of notification is granted under Subsection (2), and upon application by a law enforcement agency, the court may grant an additional extension of up to 60 days if the court determines that a delayed notification is justified because the investigation involving the warrant: (i) is interstate in nature and sufficiently complex; or (ii) is likely to extend up to or beyond an additional 60 days.

(a) When a delay of notification is granted under Subsection (2) and upon application by the law enforcement agency, the court may grant additional extensions of up to 30 days each.

(b) Notwithstanding Subsection (3)(a), when a delay of notification is granted under Subsection (2), and upon application by a law enforcement agency, the court may grant an additional extension of up to 60 days if the court determines that a delayed notification is justified because the investigation involving the warrant: (i) is interstate in nature and sufficiently complex; or (ii) is likely to extend up to or beyond an additional 60 days.

(i) is interstate in nature and sufficiently complex; or

(ii) is likely to extend up to or beyond an additional 60 days.

(4) Upon expiration of the period of delayed notification granted under Subsection (2) or (3), the law enforcement agency shall serve upon or deliver by first-class mail, or by other means if delivery is impracticable, to the owner of the electronic device or electronic information or data a copy of the warrant together with notice that: (a) states with reasonable specificity the nature of the law enforcement inquiry; and (b) contains: (i) the information described in Subsections (1)(a)(i) through (vi); (ii) a statement that notification of the search was delayed; (iii) the name of the court that authorized the delay of notification; and (iv) a reference to the provision of this chapter that allowed the delay of notification.

(a) states with reasonable specificity the nature of the law enforcement inquiry; and

(b) contains: (i) the information described in Subsections (1)(a)(i) through (vi); (ii) a statement that notification of the search was delayed; (iii) the name of the court that authorized the delay of notification; and (iv) a reference to the provision of this chapter that allowed the delay of notification.

(i) the information described in Subsections (1)(a)(i) through (vi);

(ii) a statement that notification of the search was delayed;

(iii) the name of the court that authorized the delay of notification; and

(iv) a reference to the provision of this chapter that allowed the delay of notification.

(5) A law enforcement agency is not required to notify the owner of the electronic device or electronic information or data if the owner is located outside of the United States.