N.C. Gen. Stat. § 53B-6
Delayed notice
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
Upon application of a government authority, a superior court judge may order that the customer notice required by G.S. 53B-5 be delayed if the court finds there is reason to believe that:
Upon application of a government authority, a superior court judge may order that the customer notice required by G.S. 53B-5 be delayed if the court finds there is reason to believe that:
(1) The financial record to which access is sought is relevant to a legitimate government inquiry; and
(1) The financial record to which access is sought is relevant to a legitimate government inquiry; and
(2) Notice to the customer will: Endanger life or physical safety of any person;
(2) Notice to the customer will: Endanger life or physical safety of any person;
(3) Result in flight from prosecution;
(3) Result in flight from prosecution;
(4) Lead to intimidation of a witness;
(4) Lead to intimidation of a witness;
(5) Result in destruction of or tampering with evidence; or
(5) Result in destruction of or tampering with evidence; or
(6) Otherwise seriously jeopardize the government inquiry or an official proceeding or investigation.
(6) Otherwise seriously jeopardize the government inquiry or an official proceeding or investigation.
A court order granting delay of notice to a customer under this section shall set out the specific facts supporting its findings, specify the period of delay, and direct that the government authority shall serve on the customer at the end of that period a copy of the court order or subpoena and a notice that the records have been furnished.
A court order granting delay of notice to a customer under this section shall set out the specific facts supporting its findings, specify the period of delay, and direct that the government authority shall serve on the customer at the end of that period a copy of the court order or subpoena and a notice that the records have been furnished.
History
(1985 (Reg. Sess., 1986), c. 1002, s. 1.)
Opinions of Attorney General
The notice specified in G.S. 53B-5(3) must be served pursuant to the provisions of that section or of this section on every customer whose financial records are sought to be accessed by an agency or department of the State or any of its political subdivisions through a court order or administrative or judicial subpoena authorized under G.S. 53B-4(11). This Chapter creates no exception for a customer who has opened an account in a false or fictitious name. See opinion of Attorney General to Ms. Mary Claire McNaught, Public Safety Attorney, 59 N.C.A.G. 4 (1989).
The fact that a financial institution is the victim of a crime or sustains a loss through an account held in a false or fictitious name by one of its customers does not waive the provisions of this Chapter. The Chapter provides the exclusive means by which a financial institution may give a government authority access to a customer's financial records or by which a government authority may obtain access to such records. See opinion of Attorney General to Ms. Mary Claire McNaught, Public Safety Attorney, 59 N.C.A.G. 4 (1989).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.