1     
FORCIBLE ENTRY AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen H. Urquhart

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House Sponsor: Bradley G. Last

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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;
15          ▸     requires that the Utah Peace Officer Standards and Training Council recommend
16     guidelines and procedures regarding use of force in executing a warrant;
17          ▸     requires a law enforcement officer to wear a badge, label, or clothing that identifies
18     that person as a peace officer;
19          ▸     provides that if the deploying law enforcement agency owns and operates body
20     camera devices, the officer who executes a warrant shall be equipped with a body
21     camera that actively records through the duration of the execution of the warrant;
22          ▸     provides that a search or administrative warrant may not be issued by a justice court
23     judge;
24          ▸     provides that a warrant authorizing forcible entry may not be issued solely for the
25     purpose of an alleged controlled substance or for drug paraphernalia; and
26          ▸     provides that any evidence obtained in violation of these provisions is not
27     admissible in any civil, criminal, or administrative proceeding.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          77-7-8, as last amended by Laws of Utah 2014, Chapter 297
35          77-23-210, as last amended by Laws of Utah 2014, Chapter 297
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 77-7-8 is amended to read:
39          77-7-8. Forcible entry to conduct search or make arrest -- Conditions requiring a
40     warrant.
41          (1) (a) Subject to Subsection (2), a peace officer when making an arrest may forcibly
42     enter the building in which the person to be arrested is located, or in which there is probable
43     cause for believing [him] the person to be.
44          (b) Before making the forcible entry, the officer shall:
45          (i) identify himself or herself as a law enforcement officer; [and]
46          (ii) demand admission;
47          (iii) wait a reasonable period of time for an occupant to admit access; and
48          (iv) explain the purpose for which admission is desired.
49          (c) (i) The officer need not give a demand and explanation, or identify himself or
50     herself, before making a forcible entry under the exceptions in Section 77-7-6 or where there is
51     probable cause to believe evidence will be easily or quickly [secreted or] destroyed.
52          (ii) The officer shall identify himself or herself and state the purpose [of] for entering
53     the premises as soon as practicable after entering the premises.
54          (d) The officer may use only that force which is reasonable and necessary to effectuate
55     forcible entry under this section.
56          (2) If the building to be entered under Subsection (1) appears to be a private residence
57     or the officer knows the building is a private residence, and if there is no consent to enter or
58     there are no exigent circumstances, the officer shall, before entering the building:
59          (a) obtain an arrest or search warrant if the building is the residence of the person to be
60     arrested; or
61          (b) obtain a search warrant if the building is a residence, but not the residence of the
62     person whose arrest is sought.
63          (3) Notwithstanding any other provision of this chapter, forcible entry under this
64     section may not be made solely for the alleged:
65          (a) possession or use of a controlled substance under Section 58-37-8; or
66          (b) the possession of drug paraphernalia as defined in Section 58-37a-3.
67          Section 2. Section 77-23-210 is amended to read:
68          77-23-210. Force used in executing a search warrant -- When notice of authority
69     is required as a prerequisite.
70          (1) (a) No later than July 1, 2015, any law enforcement agency that seeks a warrant
71     under this section shall comply with guidelines and procedures which are, at a minimum, in
72     accordance with state law and model guidelines and procedures recommended by the Utah
73     Peace Officer Standards and Training Council created in Section 53-6-106.
74          (b) Written policies adopted pursuant to this section, shall be subject to public
75     disclosure and inspection, in accordance with Title 63G, Chapter 2, Government Access and
76     Management Act.
77          [(1)] (2) When a search warrant has been issued authorizing entry into any building,
78     room, conveyance, compartment, or other enclosure, the officer executing the warrant may
79     enter:
80          (a) if, after giving notice of the officer's authority and purpose, there is no response or
81     the officer is not admitted with reasonable promptness; or
82          (b) without notice of the officer's authority and purpose as provided in Subsection (3).
83          [(2) The officer executing the warrant under Subsection (1) may use only that force
84     which is reasonable and necessary to execute the warrant.]
85          [(3) (a) The officer shall identify himself or herself and state the purpose of entering
86     the premises as soon as practicable.]
87          [(b)] (3) (a) The officer may enter without notice only if:
88          (i) there is [reason] reasonable suspicion to believe that the notice will endanger the
89     life or safety of the officer or another person;
90          (ii) there is probable cause to believe that evidence may be easily or quickly [secreted
91     or] destroyed; or
92          (iii) the magistrate, having found probable cause based upon proof provided under
93     oath, that the object of the search may be easily or quickly [secreted or] destroyed, or having
94     found reason to believe that physical harm may result to any person if notice were given, has
95     directed that the officer need not give notice of authority and purpose before entering the
96     premises to be searched under [Rule 40,] the Rules of Criminal Procedure[.]; or
97          (iv) the officer physically observes and documents a previously unknown event or
98     circumstance at the time the warrant is being executed which creates probable cause to believe
99     the object of the search is being destroyed, or creates reasonable suspicion to believe that
100     physical harm may result to any person if notice were given.
101          (b) The officer shall identify himself or herself and state the purpose for entering the
102     premises as soon as practicable after entering.
103          (4) An officer executing a warrant under this section may use only that force which is
104     reasonable and necessary to execute the warrant.
105          (5) An officer executing a warrant under this section shall wear readily identifiable
106     markings, including a badge and vest or clothing with a distinguishing label or other writing
107     which indicates that he or she is a law enforcement officer.
108          (6) (a) An officer executing a warrant under this section shall comply with the officer's
109     employing agency's body worn camera policy when the officer is equipped with a body worn
110     camera.
111          (b) The employing agency's policy regarding the use of body worn cameras shall
112     include a provision that an officer executing a warrant under this section shall wear a body
113     worn camera when a camera is available, except in exigent circumstances where it is not
114     practicable to do so.
115          [(4)] (7) (a) The officer shall take reasonable precautions in execution of any search
116     warrant to minimize the risks of unnecessarily confrontational or invasive methods which may
117     result in harm to any person.
118          (b) The officer shall minimize the risk of searching the wrong premises by verifying
119     that the premises being searched is consistent with a particularized description in the search
120     warrant, including such factors as the type of structure, the color, the address, and orientation
121     of the target property in relation to nearby structures as is reasonably necessary.
122          (8) Notwithstanding any provision in this chapter, a warrant authorizing forcible entry
123     without prior announcement may not be issued under this section, solely for:
124          (a) the alleged possession or use of a controlled substance; or
125          (b) the alleged possession of drug paraphernalia as provided in Section 58-37a-3.