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.
(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.
(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.
(5)
A government entity is not required to notify the owner of a structure if the owner is located outside of the United States.
Section 23d-104 ("Notification required -- Delayed notification.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 23d-104?
A common citation format is "Utah Code § 23d-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 23d-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
