| (1) |
Terms Used In Utah Code 77-23c-103- Arrest: Taking physical custody of a person by lawful authority.
- Electronic device: means a device that enables access to or use of an electronic communication service, remote computing service, or location information service. See Utah Code 77-23c-101.2
- Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
- 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.
- Law enforcement agency: means :Utah Code 77-23c-101.2
- Person: means :Utah Code 68-3-12.5
- 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) |
Except as provided in Subsection (1)(b) or (2), a law enforcement agency that executes a warrant under Subsection 77-23c-102(1) or 77-23c-104(3) shall serve the owner of the electronic device or electronic information specified in the warrant with a notice described in Subsection (3):
| (i) |
within 90 days after the day on which the electronic device or the electronic information is obtained by the law enforcement agency but in no case more than three days after the day on which the investigation is concluded; or |
| (ii) |
if the owner of the electronic device or electronic information specified in the warrant is unknown to the law enforcement agency, within 90 days after the day on which the law enforcement agency identifies, or reasonably could identify, the owner. |
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| (b) |
A law enforcement agency is not required to serve a notice described in Subsection (1)(a) to the owner of the electronic device or electronic information if the owner is located outside of the United States. |
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| (2) |
| (a) |
| (i) |
A law enforcement agency seeking a warrant in accordance with Subsection 77-23c-102(1)(a) or 77-23c-104(3) may submit a request, and the court may grant permission, to delay service of the notice required under 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. |
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| (ii) |
When a delay of notification is granted under Subsection (2)(a)(i) and upon application by the law enforcement agency, the court may grant additional extensions of up to 30 days each. |
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| (b) |
| (i) |
A law enforcement agency that seeks a warrant for an electronic device or electronic information in accordance with Subsection 77-23c-102(1)(a) or 77-23c-104(3) may submit a request to the court, and the court may grant permission, to delay service of the notice required under Subsection (1), if the purpose of delaying the notification is to apprehend an individual:
| (A) |
who is a fugitive from justice under Section 77-30-13; and |
| (B) |
for whom an arrest warrant has been issued for a violent felony offense as defined in Section 76-3-203.5. |
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| (ii) |
| (A) |
The court may grant the request under Subsection (2)(b)(i) to delay notification until the individual who is a fugitive from justice under Section 77-30-13 is apprehended by the law enforcement agency. |
| (B) |
A law enforcement agency shall serve the notice required under Subsection (1) to the owner of the electronic device or electronic information within 14 days after the day on which the law enforcement agency apprehends the individual described in Subsection (2)(b)(i). |
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| (3) |
A notice required under Subsection (1) shall include:
| (a) |
a copy of the warrant; and |
| (b) |
a written statement identifying:
| (i) |
the offense specified in the warrant application; |
| (ii) |
the identity of the law enforcement agency that filed the application; |
| (iii) |
the date on which the electronic information was obtained; and |
| (iv) |
the number and length of any authorized delays in serving the notice required under Subsection (1), including, if applicable, the name of the court that authorized the delay and a reference to the provision of this chapter that permitted the delay. |
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| (4) |
A law enforcement agency shall serve the notice required under Subsection (1) to the owner of the electronic device or electronic information by:
| (a) |
personal service on the owner; |
| (b) |
first-class mail to the owner’s last-known address; or |
| (c) |
other reasonable means if the owner’s last-known address is unknown. |
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Amended by Chapter 382, 2023 General Session
