North Carolina General Statutes 53B-6. Delayed notice
Upon application of a government authority, a superior court judge may order that the customer notice required by N.C. Gen. Stat. § 53B-5 be delayed if the court finds there is reason to believe that:
(1) The financial record to which access is sought is relevant to a legitimate government inquiry; and
Terms Used In North Carolina General Statutes 53B-6
- Customer: means a person who has transacted business with a financial institution or has used the services offered by a financial institution. See North Carolina General Statutes 53B-2
- 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.
- Financial record: means an original of, a copy of, or information derived from, a record held by a financial institution pertaining to a customer's relationship with the financial institution and identified with or identifiable with the customer. See North Carolina General Statutes 53B-2
- Government authority: means an agency or department of the State or of any of its political subdivisions, including any officer, employee, or agent thereof. See North Carolina General Statutes 53B-2
- Government inquiry: means a lawful investigation by a government agency or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute, law, or rule. See North Carolina General Statutes 53B-2
- Subpoena: A command to a witness to appear and give testimony.
(2) Notice to the customer will:
a. Endanger life or physical safety of any person;
b. Result in flight from prosecution;
c. Lead to intimidation of a witness;
d. Result in destruction of or tampering with evidence; or
e. Otherwise seriously jeopardize the government inquiry or an official proceeding or investigation.
A court order granting delay of notice to a customer under this section shall set out the specific facts supporting its findings, specify the period of delay, and direct that the government authority shall serve on the customer at the end of that period a copy of the court order or subpoena and a notice that the records have been furnished. (1985 (Reg. Sess., 1986), c. 1002, s. 1.)