Utah Code 77-23f-104. Obtaining additional reverse-location information — Warrant required for disclosure — Procedure
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(1) If, after executing a warrant described in Section 77-23f-102 or 77-23f-103, a law enforcement agency seeks to obtain reverse-location information beyond the parameters of the warrant obtained under Section 77-23f-102 or 77-23f-103, the law enforcement agency shall:
Terms Used In Utah Code 77-23f-104
- Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
- Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Law enforcement agency: means the same as that term is defined in Section Utah Code 77-23f-101
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Reverse-location information: means historical location information for:(9)(a) a defined time period;(9)(b) a defined or undefined area; and(9)(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101(1)(a) include in the sworn warrant application the specific electronic devices identified in the anonymized data for which the law enforcement agency seeks additional reverse-location information;(1)(b) establish probable cause to believe that evidence of a crime will be found within a specified period of time; and(1)(c) affirm that the crime described in Subsection (1)(b) is:(1)(c)(i) the same crime or directly related to the crime that was the subject of the warrant obtained under Section 77-23f-102 or 77-23f-103; or(1)(c)(ii) a crime subject to the judicially recognized plain view exception to the warrant requirement.
(2) If a court grants a warrant under Subsection (1), 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.