77-23a-15.5 - Mobile tracking device authorization.
77-23a-15.5. Mobile tracking device authorization.
(1) As used in this section, "mobile tracking device" means an electronic or mechanicaldevice emitting only an electronic locator signal which permits the tracking of the movement of aperson or an object.
(2) An investigative or law enforcement officer may make application to a district judgefor an order authorizing or approving the installation and use of a mobile tracking device. Theapplication must be in writing and signed by the investigative or law enforcement officer andsworn to or affirmed by that officer before the district judge.
(3) An application under Subsection (2) must include:
(a) a statement of the identity of the applicant and the identity of the law enforcementagency conducting the investigation;
(b) a certification by the applicant that the information likely to be obtained is relevant toan ongoing criminal investigation being conducted by the investigating agency;
(c) a statement of the offense to which the information likely to be obtained relates;
(d) a statement whether it may be necessary to use and monitor the mobile trackingdevice outside the jurisdiction of the court from which authorization is being sought; and
(e) a statement identifying the vehicle, container, or item to which, in which, or on whichthe mobile tracking device is to be attached or placed and, if known to the applicant, a statementidentifying the owner or possessor of that vehicle, container, or item.
(4) Upon application made as provided under Subsection (2), the court, if it finds that thecertification and statement required by Subsection (3) have been made in the application, mayenter an ex parte order authorizing the installation and use of a mobile tracking device. Theorder may authorize the use of the device within the jurisdiction of the court and outside thatjurisdiction but within the state if the device is installed within the jurisdiction of the court.
(5) The district judge who issued the order shall be notified by the applicant, in writing,within 10 days after the mobile tracking device has been activated in place on or within thevehicle, container, or item. If no notice is received within 10 days after issuance of the order, theorder shall be returned to the district judge to be recalled.
(6) For the purpose of placing a mobile tracking device, entry upon private property, thepassenger compartment of a vehicle, or any other area subject to a reasonable expectation ofprivacy is prohibited unless the applicant first obtains consent or authority for such an entrypursuant to Utah Rules of Criminal Procedure.
(7) The order authorizing use of a mobile tracking device shall expire 60 days after thedate the mobile tracking device was activated in place. For good cause shown, the district judgemay grant an extension for an additional 60-day period.
(8) This part does not prohibit any person, whether or not the person is an investigativeor law enforcement officer as defined in Subsection 77-23a-3(11), from installing and using amobile tracking device upon or with property belonging to and under the lawful dominion andcontrol of that person.
Amended by Chapter 153, 2007 General Session