UT Code § 77-23c-103 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23c - Electronic Information or Data Privacy Act|Section 103 - Notification required -- Delayed notification.

 Effective 5/5/2021  77-23c-103. Notification required -- Delayed notification.    (1)   (a) Except as provided in Subsection (2), if a law enforcement agency executes a warrant in accordance with Subsection 77-23c-102(1) or 77-23c-104(3), the law enforcement agency shall notify the owner of the electronic device or electronic information or data specified in the warrant within 90 days after the day on which the electronic device or the electronic data or information is obtained by the law enforcement agency but in no case shall the law enforcement agency notify the owner more than three days after the day on which the investigation is concluded.     (b) The notification described in Subsection (1)(a) shall state:   (i) that a warrant was applied for and granted;     (ii) the kind of warrant issued;     (iii) the period of time during which the collection of the electronic information or data was authorized;     (iv) the offense specified in the application for the warrant;     (v) the identity of the law enforcement agency that filed the application; and     (vi) the identity of the judge who issued the warrant.       (c) For the notification requirement described in Subsection (1)(a), the time period under Subsection (1)(a) begins on the day after the day on which the owner of the electronic device or electronic information or data specified in the warrant is known, or could be reasonably identified, by the law enforcement agency.       (2) A law enforcement agency seeking a warrant in accordance with Subsection 77-23c-102(1)(a) or 77-23c-104(3) may submit a request, and the court may grant permission, to delay the notification required by 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.       (3) When a delay of notification is granted under Subsection (2) and upon application by the law enforcement agency, the court may grant additional extensions of up to 30 days each.     (4)   (a) A law enforcement agency that seeks a warrant for an electronic device or electronic information or data in accordance with Subsection 77-23c-102(1)(a) or 77-23c-104(3) may submit a request to the court to delay a notification under Subsection (2) if the purpose of delaying the notification is to apprehend an individual:   (i) who is a fugitive from justice under Section 77-30-13; and     (ii) for whom an arrest warrant has been issued for a violent felony offense as defined in Section 76-3-203.5.       (b) The court may grant the request under Subsection (4)(a) to delay notification until the individual who is a fugitive from justice under Section 77-30-13 is apprehended by the law enforcement agency.     (c) A law enforcement agency shall issue a notification described in Subsection (5) to the owner of the electronic device or electronic information or data within 14 days after the day on which the law enforcement agency apprehends the individual described in Subsection (4)(a).       (5) Upon expiration of the period of delayed notification granted under Subsection (2) or (3), or upon the apprehension of an individual described in Subsection (4)(a), the law enforcement agency shall serve upon or deliver by first-class mail, or by other means if delivery is impracticable, to the owner of the electronic device or electronic information or data a copy of the warrant together with notice that:   (a) states with reasonable specificity the nature of the law enforcement inquiry; and     (b) contains:   (i) the information described in Subsection (1)(b);     (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.         (6) A law enforcement agency is not required to notify the owner of the electronic device or electronic information or data if the owner is located outside of the United States.    Amended by Chapter 42, 2021 General Session