Utah law sets warrant rules for police access to electronic records

For criminal investigations and prosecutions, law enforcement agencies must get a court warrant based on probable cause to access covered electronic information, unless an exception applies. The rules cover location information, stored data, and transmitted data from electronic devices, along with certain information sent to electronic communication or remote computing service providers. Exceptions allow some access without a warrant, including with informed consent, under a recognized warrant exception, or when a provider voluntarily shares information in specified emergencies or other listed situations. Information collected under a warrant but outside its scope generally may not be used and must be destroyed; data from a device that communicated with the target device may be used when reasonably needed for the warrant. The law takes effect May 6, 2026.

Law enforcement agencies may access covered electronic information without following this chapter when one of the listed exceptions applies. These exceptions concern information received from federal, out-of-state, or foreign law enforcement agencies. One exception covers information lawfully obtained by another jurisdiction’s agency in an investigation within that agency’s jurisdiction. Another covers a written agreement for a joint task force or investigative partnership that defines its scope and purpose. At a Utah agency’s request, another jurisdiction may provide information if it used the level of legal process required by this chapter. The law takes effect May 6, 2026.

Agencies that execute a warrant must notify the owner of the covered device or information, subject to listed exceptions and court-approved delays. Notice goes to the owner named in the warrant or, if the owner is unknown, after the agency identifies or reasonably could identify the owner. Notice is not required if the owner is outside the United States. A court may delay notice for up to 30 days, with further extensions, when notice could harm a person or investigation. A court may also delay notice to help apprehend a fugitive with an arrest warrant for a violent felony; notice is due within 14 days after apprehension. The usual 90-day period starts when the information is obtained, or when the owner is identified if unknown; notice must come within three days after the investigation ends. A fugitive-related delay ends with notice within 14 days after apprehension.

Evidence rules that can keep unlawfully obtained material out of court apply to covered electronic information accessed in violation of this chapter and evidence derived from it. This applies to electronic information and records covered by the chapter, including material obtained through a third party to evade the chapter’s requirements. Whether evidence is excluded depends on the applicable evidence rules; the text does not say every violation automatically excludes it. The law takes effect May 6, 2026.