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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section:
(a) “Daytime hours” means the same as that term is defined in Section 77-7-5.
(b) “Forcibly enter” means the same as that term is defined in Section 77-7-8.
(c) “Nighttime hours” means the same as that term is defined in Section 77-7-5.
(d) “No-knock warrant” means a lawful search warrant that authorizes entry onto a premises without notice to any occupant on the premises at the time of service.
(e) “Supervisory official” means the same as that term is defined in Section 77-7-8.
(f) “Peace officer” means the same as that term is defined in Section 53-1-102.
(g) “Premises” means any property, building, room, conveyance, compartment, or other enclosure.
(2) Subject to the provisions of this section, a peace officer serving a lawful no-knock warrant may forcibly enter a premises to be searched without notice.
(3) Before seeking a no-knock warrant from a judge or magistrate under Subsection (2), a supervisory official shall, using the peace officer's affidavit:
(a) independently perform an assessment to evaluate the totality of the circumstances;
(b) ensure reasonable intelligence gathering efforts have been made;
(c) ensure a threat assessment was completed on the individual or premises to be searched; and
(d) determine either that there is a sufficient basis to support seeking a warrant or require that the peace officer continue evidence gathering efforts.
(4)(a) The affidavit for a no-knock warrant shall describe:
(i) why the peace officer believes the suspect is unable to be detained or the residence searched using less invasive or less confrontational methods;
(ii) investigative activities that have been undertaken to ensure that the correct premises is identified and that potential harm to innocent third parties, the premises, and officers may be minimized; or
(iii) the present or imminent threat of serious bodily injury or death to an individual inside, outside, or in near proximity to the premises.
(b) A peace officer shall serve a no-knock warrant during daytime hours unless a peace officer's affidavit states sufficient grounds to believe a search is necessary during nighttime hours.
(5) An officer shall wear readily identifiable markings when serving a no-knock warrant, including a badge and vest or clothing with a distinguishing label or other writing that shows that the individual is a peace officer.
(6) Notwithstanding any other provision of this chapter, a peace officer may not request a no-knock warrant if the warrant is solely for a misdemeanor investigation.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-7-8.1. Forcible entry to conduct a search--Conditions requiring a warrant--No-knock warrants - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-7-8-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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