S.B. 48

1

FORCED ENTRY TO MAKE ARREST
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Thomas
5 This act modifies the Code of Criminal Procedure by amending provisions regarding
6 when and how forcible entry may be made to effect an arrest. The amendments reflect
7 rulings in two U.S. Supreme Court decisions.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 77-7-8, as enacted by Chapter 15, Laws of Utah 1980
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 77-7-8 is amended to read:
13 77-7-8. Forcible entry to make arrest -- Conditions requiring a warrant.
14 [To make] (1) (a) Subject to Subsection (2), a peace officer when making an arrest[, a
15 private person, if the offense is a felony, and in all cases, a peace officer,] may [break the door
16 or window of] forcibly enter the building in which the person to be arrested is, or in which
17 there are reasonable grounds for believing him to be.
18 (b) Before making the [break] forcible entry, the [person] officer shall demand
19 admission and explain the purpose for which admission is desired. [Demand and explanation]
20 (c) The officer need not [be given] give a demand and explanation before [breaking]
21 making a forcible entry under the exceptions in Section 77-7-6 or where there is reason to
22 believe evidence will be secreted or destroyed.
23 (2) If the building to be entered under Subsection (1) appears to be a private residence
24 or the officer knows the building is a private residence, and if there is no consent to enter or
25 there are no exigent circumstances, the officer shall, before entering the building:
26 (a) obtain an arrest or search warrant if the building is the residence of the person to be
27 arrested; or

28 (b) obtain a search warrant if the building is a residence, but not the residence of the
29 person whose arrest is sought.




Legislative Review Note
as of 1-8-03 3:31 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel