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Section 103 - Use of imaging surveillance device -- Warrant required -- Exceptions.

UT Code § 77-23d-103 (2019) (N/A)
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(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.

(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;

(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;

(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.

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