| (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. |
Terms Used In Utah Code 77-23d-103
- 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
- Person: means :Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (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; |
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| (b) |
in exigent circumstances; or |
| (c) |
in fresh pursuit of a person suspected of committing a felony. |
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Enacted by Chapter 447, 2015 General Session
