Full text of Utah Utah Code § 23f-108 — Notifications required -- Exceptions --Delayed notification., with citation guidance and answers to common questions.
Except as provided in Subsection (1)(b) or (2), a law enforcement agency that executes a warrant under Section 77-23f-105 shall serve a notice described in Subsection (3) on the owner of the electronic device for which identifying information was obtained:
(i)
within 90 days after the day on which the identifying 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 for which the identifying 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.
(b)
A law enforcement agency is not required to serve a notice described in Subsection (1)(a) to the owner of the electronic device for which identifying information was obtained if the owner is located outside of the United States.
(2)
(a)
(i)
A law enforcement agency seeking a warrant in accordance with Section 77-23f-105 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.
(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.
(b)
(i)
A law enforcement agency that seeks a warrant in accordance with Section 77-23f-105 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.
(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 within 14 days after the day on which the law enforcement agency apprehends the individual described in Subsection (2)(b)(i).
(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 location information or identifying 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.
(4)
A law enforcement agency shall serve the notice required under Subsection (1) to the owner of the electronic device 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.
Section 23f-108 ("Notifications required -- Exceptions --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 § 23f-108?
A common citation format is "Utah Code § 23f-108" (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 § 23f-108 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.
