Utah Code 41-6a-2005. Preservation request
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(1) A person or governmental entity using an automatic license plate reader system shall take all steps necessary to preserve captured plate data in its possession for 14 days after the date the data is captured pending the issuance of a court order requiring the disclosure of the captured plate data if a governmental entity or defendant in a criminal case requesting the captured plate data submits a written statement to the person or governmental entity using an automatic license plate reader system:
Terms Used In Utah Code 41-6a-2005
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
- Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Governmental entity: includes :(3)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or(3)(b)(ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means the same as that term is as defined in Section
53-1-102 . See Utah Code 41-6a-102- Nongovernmental entity: means a person that is not a governmental entity. See Utah Code 41-6a-2002
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
(1)(a) requesting the person or governmental entity to preserve the captured plate data;(1)(b) identifying:(1)(b)(i) the camera or cameras for which captured plate data shall be preserved;(1)(b)(ii) the license plate for which captured plate data shall be preserved; or(1)(b)(iii) the dates and time frames for which captured plate data shall be preserved; and(1)(c) notifying the person or governmental entity maintaining the captured plate data that the governmental entity or defendant in a criminal case is applying for a court order for disclosure of the captured plate data.
(2)
(2)(a) A governmental entity or defendant in a criminal case may apply for a court order for the disclosure of captured plate data possessed by a governmental entity.
(2)(b) A court that is a court of competent jurisdiction shall issue a court order requiring the disclosure of captured plate data if the governmental entity or defendant in a criminal case offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data is relevant and material to an ongoing criminal or missing person investigation.
(3) Captured plate data that is the subject of an application for a disclosure order under Subsection (2) may be destroyed at the later of:
(3)(a) the date that an application for an order under Subsection (2) is denied and any appeal exhausted;
(3)(b) the end of 14 days, if the person or governmental entity does not otherwise preserve the captured plate data; or
(3)(c) the end of the period described in Subsection 41-6a-2004(1)(c).
(4) Notwithstanding Subsection (2), a governmental entity may enter into a memorandum of understanding with another governmental entity to share access to an automatic license plate reader system or captured plate data otherwise authorized by this part.
(5) A governmental entity may obtain, receive, or use captured plate data from a nongovernmental entity only:
(5)(a)
(5)(a)(i) pursuant to a warrant issued using the procedures described in the Utah Rules of Criminal Procedure or an equivalent federal warrant; or
(5)(a)(ii) using the procedure described in Subsection (2); and
(5)(b) for the purposes authorized in Subsection 41-6a-2003(2).
(6)
(6)(a) A law enforcement agency shall preserve a record of:
(6)(a)(i) the number of times a search of captured license plate data is conducted by the agency or the agency’s employees or agents; and
(6)(a)(ii) the crime type and incident number associated with each search of captured license plate data.
(6)(b) A law enforcement agency shall preserve a record identified in Subsection (6)(a) for at least five years.