77-23c-103. Notification required -- Exceptions -- Delayed notification.
(1) Except as provided in Subsectionor, a law enforcement agency that executes a warrant under Sectionorshall serve the owner of the electronic device or electronic information specified in the warrant with a notice described in Subsection: (1)(b) (2) 77-23c-102 77-23c-104 (3) within 90 days after the day on which the electronic device or the electronic information is obtained by the law enforcement agency but in no case more than three days after the day on which the investigation is concluded; or if the owner of the electronic device or electronic information specified in the warrant is unknown to the law enforcement agency, within 90 days after the day on which the law enforcement agency identifies, or reasonably could identify, the owner. A law enforcement agency is not required to serve a notice described in Subsectionto the owner of the electronic device or electronic information if the owner is located outside of the United States. (1)(a)
(2) A law enforcement agency seeking a warrant in accordance with Sectionormay submit a request, and the court may grant permission, to delay service of the notice required under Subsectionfor a period not to exceed 30 days, if the court determines that there is reasonable cause to believe that the notification may: 77-23c-102 77-23c-104 (1) endanger the life or physical safety of an individual; cause a person to flee from prosecution; lead to the destruction of or tampering with evidence; intimidate a potential witness; or otherwise seriously jeopardize an investigation or unduly delay a trial. When a delay of notification is granted under Subsectionand upon application by the law enforcement agency, the court may grant additional extensions of up to 30 days each. (2)(a)(i) A law enforcement agency that seeks a warrant for an electronic device or electronic information in accordance with Sectionormay submit a request to the court, and the court may grant permission, to delay service of the notice required under Subsection, if the purpose of delaying the notification is to apprehend an individual: 77-23c-102 77-23c-104 (1) who is a fugitive from justice under Section; and 77-30-13 for whom an arrest warrant has been issued for a violent felony offense as defined in Section. 76-3-203.5 The court may grant the request under Subsectionto delay notification until the individual who is a fugitive from justice under Sectionis apprehended by the law enforcement agency. (2)(b)(i) 77-30-13 A law enforcement agency shall serve the notice required under Subsectionto the owner of the electronic device or electronic information within 14 days after the day on which the law enforcement agency apprehends the individual described in Subsection. (1) (2)(b)(i)
(3) A notice required under Subsectionshall include: (1) a copy of the warrant; and a written statement identifying: the offense specified in the warrant application; the identity of the law enforcement agency that filed the application; the date on which the electronic information was obtained; and the number and length of any authorized delays in serving the notice required under Subsection, including, if applicable, the name of the court that authorized the delay and a reference to the provision of this chapter that permitted the delay. (1)
(4) A law enforcement agency shall serve the notice required under Subsectionto the owner of the electronic device or electronic information by: (1) personal service on the owner; first-class mail to the owner's last-known address; or other reasonable means if the owner's last-known address is unknown.