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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Code of Criminal Procedure relating to property seized
10 during an unlawful stop.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines the term "contraband"; and
14 ▸ establishes circumstances under which property seized by a peace officer during an
15 unlawful stop is inadmissible as evidence.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 77-7-27, Utah Code Annotated 1953
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-7-27 is enacted to read:
26 77-7-27. Property seized from unlawful search inadmissible.
27 (1) As used in this section, "contraband" means the same as that term is defined in
28 Section 76-10-2801.
29 (2) Property seized by a peace officer is inadmissible as evidence in any proceeding if
30 the peace officer:
31 (a) unlawfully stops or seizes an individual;
32 (b) discovers an outstanding warrant for the individual's arrest during the unlawful stop
33 or seizure, based on the peace officer's own actions and not a voluntary admission or act by the
34 individual;
35 (c) arrests the individual pursuant to the outstanding warrant;
36 (d) conducts a search incident to the arrest; and
37 (e) seizes property discovered during the search.
38 (3) An individual whose property was seized in violation of Subsection (2) may move
39 the court for the return of the property on the ground that the property was seized in violation
40 of Subsection (2), unless the property is contraband.