7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible
10 entry when serving a search warrant or making an arrest.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends existing law regarding the use of forcible entry by a law enforcement officer
14 when executing a warrant;
14a Ŝ→ ▸ requires that the Utah Peace Officer Standards and Training Council recommend
14b guidelines and procedures regarding use of force in executing a warrant; ←Ŝ
15 ▸ requires a law enforcement officer to wear a badge, label, or clothing that identifies
16 that person as a peace officer;
17 ▸ provides that if the deploying law enforcement agency owns and operates body
18 camera devices, the officer who executes a warrant shall be equipped with a body
19 camera that actively records through the duration of the execution of the warrant;
20 ▸ provides that a search or administrative warrant may not be issued by a justice court
21a Ĥ→ ▸ provides that a warrant authorizing forceful entry may not be issued solely for
21b the purpose of an alleged controlled substance or for drug paraphernalia; ←Ĥ and
22 ▸ provides that any evidence obtained in violation of these provisions is not
23 admissible in any civil, criminal, or administrative proceeding.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
27 Ŝ→ [
28 Utah Code Sections Affected:
30 77-7-8, as last amended by Laws of Utah 2014, Chapter 297
31 77-23-210, as last amended by Laws of Utah 2014, Chapter 297
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 77-7-8 is amended to read:
35 77-7-8. Forcible entry to conduct search or make arrest -- Conditions requiring a
37 (1) (a) Subject to Subsection (2), a peace officer when making an arrest may forcibly
38 enter the building in which the person to be arrested is located, or in which there is probable
39 cause for believing [
40 (b) Before making the forcible entry, the officer shall:
41 (i) identify himself or herself as a law enforcement officer; [
42 (ii) demand admission;
42a Ŝ→ (iii) wait a reasonable period of time for an occupant Ŝ→ to ←Ŝ admit access; ←Ŝ and
43 Ŝ→ [
44 (c) (i) The officer need not give a demand and explanation, or identify himself or
45 herself, before making a forcible entry under the exceptions in Section 77-7-6 or where there is
46 probable cause to believe evidence will be easily or quickly [
47 (ii) The officer shall identify himself or herself and state the purpose [
48 the premises as soon as practicable after entering the premises.
49 (d) The officer may use only that force which is reasonable and necessary to effectuate
50 forcible entry under this section.
51 (2) If the building to be entered under Subsection (1) appears to be a private residence
52 or the officer knows the building is a private residence, and if there is no consent to enter or
53 there are no exigent circumstances, the officer shall, before entering the building:
54 (a) obtain an arrest or search warrant if the building is the residence of the person to be
55 arrested; or
56 (b) obtain a search warrant if the building is a residence, but not the residence of the
57 person whose arrest is sought.
57a Ŝ→ (3) Notwithstanding any other provision of this chapter, forcible entry under this section
57b may not be made solely for the alleged:
57c (a) possession or use of a controlled substance under Section 58-37-8; or
57d (b) the possession of drug paraphernalia as defined in Section 58-37a-3. ←Ŝ
58 Section 2. Section 77-23-210 is amended to read:
59 77-23-210. Force used in executing a search warrant -- When notice of authority
60 is required as a prerequisite.
61 (1) (a) No later than July 1, 2015, any law enforcement agency that seeks a warrant
62 under this section shall comply with guidelines and procedures which are, at a minimum, in
63 accordance with state law and model guidelines and procedures recommended by the Ŝ→ [
64 Department of Public Safety
64a Section 53-6-106 ←Ŝ .
65 (b) Written policies adopted pursuant to this section, shall be subject to public
66 disclosure and inspection, in accordance with Title 63G, Chapter 2, Government Access and
67 Management Act.
69 room, conveyance, compartment, or other enclosure, the officer executing the warrant may
71 (a) if, after giving notice of the officer's authority and purpose, there is no response or
72 the officer is not admitted with reasonable promptness; or
73 (b) without notice of the officer's authority and purpose as provided in Subsection (3).
79 (i) there is [
80 life or safety of the officer or another person;
81 (ii) there is probable cause to believe that evidence may be easily or quickly [
83 (iii) the magistrate, having found probable cause based upon proof provided under
84 oath, that the object of the search may be easily or quickly [
85 found reason to believe that physical harm may result to any person if notice were given, has
86 directed that the officer need not give notice of authority and purpose before entering the
87 premises to be searched under [
88 (iv) the officer physically observes and documents a previously unknown event or
89 circumstance at the time the warrant is being executed which creates probable cause to believe
90 the object of the search is being destroyed, or creates Ŝ→ [
90a believe that physical harm may
91 result to any person if notice were given.
92 (b) The officer shall identify himself or herself and state the purpose for entering the
93 premises as soon as practicable after entering.
94 (4) An officer executing a warrant under this section may use only that force which is
95 reasonable and necessary to execute the warrant.
96 (5) An officer executing a warrant under this section shall wear readily identifiable
97 markings, including a badge and vest or clothing with a distinguishing label or other writing
98 which indicates that he or she is a law enforcement officer.
99 (6) (a) An officer executing a warrant under this section shall comply with the officer's
100 employing agency's body worn camera policy when the officer is equipped with a body worn
102 (b) The employing agency's policy regarding the use of body worn cameras shall
103 include a provision that an officer Ŝ→ executing a warrant under this section ←Ŝ shall wear a
103a body worn camera when a camera is available,
104 except in exigent circumstances where it is not practicable to do so.
106 warrant to minimize the risks of unnecessarily confrontational or invasive methods which may
107 result in harm to any person.
108 (b) The officer shall minimize the risk of searching the wrong premises by verifying
109 that the premises being searched is consistent with a particularized description in the search
110 warrant, including such factors as the type of structure, the color, the address, and orientation
111 of the target property in relation to nearby structures as is reasonably necessary.
112 (8) Notwithstanding any provision in this chapter, a warrant Ĥ→ authorizing forceful
112a entry without prior announcement ←Ĥ may not be issued under
113 this section, solely for:
114 (a) the alleged possession or use of a controlled substance; or
115 (b) the alleged possession of drug paraphernalia as provided in Section
115a Ŝ→ [
115b Ĥ→ [
115c If this S.B. 82 and H.B. 348, Criminal Justice Programs and Amendments, both pass and
115d become law, the Legislature intends that the Office of Legislative Research and ☆
115e ☆ General Counsel, in preparing the Utah Code database for publication:
115f (1) amend Subsection 77-23-210(8)(a) to read:
115g "(8)(a) the alleged possession or use of marijuana or a controlled substance under
115h Section 58-37-4.2; or" ; and
115i (2) amend Subsection 7-23-210(8)(b) to read:
115j "(b) the alleged possession or use of drug paraphernalia as provided in Section
115k 53-37a-3." ←Ŝ