| (1) |
Except as provided in Subsection (2), a government entity that executes a search warrant that authorizes the use of an imaging surveillance device shall, within 14 days after the day on which the warrant is executed, provide notice to the individual who owns, resides in, or rents the structure specified in the warrant that states:
Terms Used In Utah Code 77-23d-104- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Government entity: means the state, a county, a municipality, a higher education institution, a special district, a special service district, or any other political subdivision of the state or an administrative subunit of any political subdivision, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
- Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
that a warrant was applied for and granted; |
| (b) |
the type of warrant issued; |
| (c) |
the period of time during which the collection of data from the structure was authorized; |
| (d) |
the offense specified in the application for the warrant; |
| (e) |
the identity of the government entity that filed the application; and |
| (f) |
the name of the court that issued the warrant. |
|
| (2) |
A government entity seeking a warrant described in Subsection 77-23d-103(1) may submit a request, and the court may grant permission, to delay the notification described in Subsection (1) for a period not to exceed 30 days, if the court determines that there is probable cause to believe that the notification may:
| (a) |
endanger the life or physical safety of an individual; |
| (b) |
cause an individual to flee from prosecution; |
| (c) |
lead to the destruction of or tampering with evidence; |
| (d) |
result in the intimidation of a potential witness; or |
| (e) |
otherwise seriously jeopardize an investigation or unduly delay a trial. |
|
| (3) |
When a delay of notification is granted under Subsection (2), and upon application by the government entity, the court may grant additional extensions of up to 30 days each. |
| (4) |
Upon expiration of the period of delayed notification granted under Subsection (2) or (3), the government entity shall serve upon or deliver by first-class mail to the individual who owns, resides in, or rents the structure specified in the warrant a copy of the warrant together with a 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) through (f); |
| (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 government entity is not required to notify the owner of a structure if the owner is located outside of the United States. |
Enacted by Chapter 447, 2015 General Session
