77-7-8. Forcible entry to make arrest -- Conditions requiring a warrant.
(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, or in which there are reasonable grounds
for believing him to be.
(b) Before making the forcible entry, the officer shall demand admission and explain the
purpose for which admission is desired.
(c) The officer need not give a demand and explanation before making a forcible entry
under the exceptions in Section 77-7-6 or where there is reason to believe evidence will be
secreted or destroyed.
(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.
Amended by Chapter 29, 2003 General Session
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Last revised: Thursday, May 28, 2009