(1)  If, after executing a warrant described in Section 77-23f-102 or 77-23f-103, a law enforcement agency seeks to obtain reverse-location information beyond the parameters of the warrant obtained under Section 77-23f-102 or 77-23f-103, the law enforcement agency shall:

Terms Used In Utah Code 77-23f-104

  • Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
  • Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101
  • 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 the same as that term is defined in Section 77-23c-101. See Utah Code 77-23f-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Reverse-location information: means historical location information for:
(a) a defined time period;
(b) a defined or undefined area; and
(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101
(a)  include in the sworn warrant application the specific electronic devices identified in the anonymized data for which the law enforcement agency seeks additional reverse-location information;

(b)  establish probable cause to believe that evidence of a crime will be found within a specified period of time; and

(c)  affirm that the crime described in Subsection (1)(b) is:

(i)  the same crime or directly related to the crime that was the subject of the warrant obtained under Section 77-23f-102 or 77-23f-103; or

(ii)  a crime subject to the judicially recognized plain view exception to the warrant requirement.

(2)  If a court grants a warrant under Subsection (1), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.

Enacted by Chapter 382, 2023 General Session