LegalFix

Section 104 - Notification required -- Delayed notification.

UT Code § 77-23d-104 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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: (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.

(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.

(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.

(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.

(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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 104 - Notification required -- Delayed notification.