77-23d-103. Use of imaging surveillance device -- Warrant required -- Exceptions.
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Effective 5/12/2015
77-23d-103. Use of imaging surveillance device -- Warrant required -- Exceptions.
(1)Except as provided in Subsection
(2), a government entity may not operate an imaging surveillance device without a search warrant issued upon probable cause.
(2)A government entity may operate an imaging surveillance device without a search warrant:
(a)for testing equipment or training if the testing or training:
(i)is not conducted as part of an investigation or law enforcement activity; and
(ii)is conducted with the knowledge and consent of:
(A)each individual who is imaged; and
(B)an owner of each property that is imaged;
(b)in exigent circumstances; or
(c)in fresh pursuit of a person suspected of committing a felony.
Enacted by Chapter 447 , 2015 General Session