77-23f-102. Obtaining reverse-location information within a geofence -- Warrant required for disclosure -- Procedure.

392 words·~2 min read·/ut/title-77/chapter-23f/77-23f-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Except as provided in Section 77-23f-106 , for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-location information for electronic devices within a geofence unless:

(a)the law enforcement agency obtains a search warrant as provided under this section; and

(i)the investigation or prosecution involves:

(A)a felony;

(B)a class A misdemeanor that involves harm or a risk of harm to a person, a violation of Title 23A, Wildlife Resources Act , or is part of a pattern of criminal activity; or

(C)a class B misdemeanor that involves harm or a risk of harm to a person, the unlawful taking of protected wildlife, or is part of a pattern of criminal activity; or

(ii)the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.

(2)To obtain reverse-location information inside of a geofence, a law enforcement agency shall:

(a)include with the sworn warrant application:

(i)a map or other visual depiction that represents the geofence for which the warrant is seeking information; and

(ii)the following language at the beginning of the application in a legible font no smaller than other text appearing in the application:

"NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime.

For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information."; and

(b)establish probable cause to believe that evidence of a crime will be found within the geofence and within a specified period of time.

(3)If a court grants a warrant under Subsection

(2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.

Enacted by Chapter 382 , 2023 General Session