1. (1) Except as provided in Subsection (2), a government entity may not operate an imaging surveillance device without a search warrant issued upon probable cause.

2. (2) A government entity may operate an imaging surveillance device without a search warrant:

   1. (a) for testing equipment or training if the testing or training:

      1. (i) is not conducted as part of an investigation or law enforcement activity; and

      2. (ii) is conducted with the knowledge and consent of:

         1. (A) each individual who is imaged; and
         2. (B) an owner of each property that is imaged;
   2. (b) in exigent circumstances; or
   3. (c) in fresh pursuit of a person suspected of committing a felony.

Enacted by Chapter 447, 2015 General Session