§ 53B-6. Delayed notice. - North Carolina Statutes

§53B‑6.  Delayed notice.

Upon application of agovernment authority, a superior court judge may order that the customer noticerequired by G.S. 53B‑5 be delayed if the court finds there is reason tobelieve that:

(1)        The financial recordto which access is sought is relevant to a legitimate government inquiry; and

(2)        Notice to thecustomer will:

a.         Endanger life orphysical safety of any person;

b.         Result in flightfrom prosecution;

c.         Lead to intimidationof a witness;

d.         Result indestruction of or tampering with evidence; or

e.         Otherwise seriouslyjeopardize the government inquiry or an official proceeding or investigation.

A court order granting delay ofnotice to a customer under this section shall set out the specific factssupporting its findings, specify the period of delay, and direct that thegovernment authority shall serve on the customer at the end of that period acopy of the court order or subpoena and a notice that the records have beenfurnished. (1985 (Reg. Sess., 1986), c. 1002, s. 1.)