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S.B. 48 Enrolled
This act modifies the Code of Criminal Procedure by amending provisions regarding
when and how forcible entry may be made to effect an arrest. The amendments reflect
rulings in two U.S. Supreme Court decisions.
This act affects sections of Utah Code Annotated 1953 as follows:
77-7-8, as enacted by Chapter 15, Laws of Utah 1980
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-7-8 is amended to read:
77-7-8. Forcible entry to make arrest -- Conditions requiring a warrant.
there are reasonable grounds for believing him to be.
(b) Before making the [
admission and explain the purpose for which admission is desired. [
(c) The officer need not [
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
(b) obtain a search warrant if the building is a residence, but not the residence of the
person whose arrest is sought.
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