Current as of May 05, 2022 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(1)(a) Subject to Subsection (2), a peace officer when making an arrest may forcibly enter the building in which the person to be arrested is located, or in which there is probable cause for believing the person to be.
(b) Before making the forcible entry, the officer shall:
(i) identify himself or herself as a law enforcement officer;
(ii) demand admission;
(iii) wait a reasonable period of time for an occupant to admit access; and
(iv) explain the purpose for which admission is desired.
(c)(i) The officer need not give a demand and explanation, or identify himself or herself, before making a forcible entry under the exceptions in Section 77-7-6 or where there is probable cause to believe evidence will be easily or quickly destroyed.
(ii) The officer shall identify himself or herself and state the purpose for entering the premises as soon as practicable after entering the premises.
(d) The officer may use only that force which is reasonable and necessary to effectuate forcible entry under this section.
(2) If the building to be entered under Subsection (1) appears to be a private residence or the officer knows the building is a private residence, and if there is no consent to enter or there are no exigent circumstances, the officer shall, before entering the building:
(a) obtain an arrest or search warrant if the building is the residence of the person to be arrested; or
(b) obtain a search warrant if the building is a residence, but not the residence of the person whose arrest is sought.
(3) Notwithstanding any other provision of this chapter, forcible entry under this section may not be made solely for the alleged:
(a) possession or use of a controlled substance under Section 58-37-8; or
(b) the possession of drug paraphernalia as defined in Section 58-37a-3.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-7-8. Forcible entry to conduct search or make arrest--Conditions requiring a warrant - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-7-8/
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 or via Westlaw before relying on it for your legal needs.