§ 13A.03 — Delayed Notice
Plain-Language Summary
A court can delay the requirement to notify a bank customer that the government accessed their financial records. The government must show that notification could endanger someone's life, cause flight from prosecution, lead to destruction of evidence, intimidate witnesses, or seriously harm an investigation.
13A.03 DELAYED NOTICE.
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Subdivision 1.Application.
Upon application of the government authority, a customer notice pursuant to section 13A.02, subdivision 3, may be delayed by order of an appropriate court if the judge finds that:
(1) the law enforcement inquiry being conducted is within the lawful jurisdiction of the government authority seeking the financial records;
(2) there is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; and
(3) there is reason to believe that the notice will result in (i) endangering life or physical safety of any person; (ii) flight from prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; or (v) otherwise seriously jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding.
An application for delay must be made with reasonable specificity. §
Subd. 2.Order.
If the court makes the findings required in subdivision 1, it shall enter an ex parte order granting the requested delay for a period not to exceed 180 days and an order prohibiting the financial institution from disclosing that records have been obtained. If the court finds that there is reason to believe that the notice may endanger the life or physical safety of any person, the court may specify that the delay be indefinite.
Extensions of the delay of notice of up to 90 days each may be granted by the court upon application. §
Subd. 3.Notice.
Upon expiration of the period of delay of notification under this section, the customer shall be served with a copy of the notice required by section 13A.02, subdivision 3.
History:
History: History:
1983 c 225 s 3