7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to entry of officers to conduct search or make
11 Highlighted Provisions:
12 This bill:
13 ▸ requires supervisory officials to conduct reviews;
14 ▸ requires certain information in affidavits requesting specific warrants;
15 ▸ addresses when forceable entry may or may not be used; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 77-7-8, as last amended by Laws of Utah 2015, Chapter 317
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-7-8 is amended to read:
27 77-7-8. Forcible entry to conduct search or make arrest -- Conditions requiring a
29 (1) As used in this section:
30 (a) "Daytime hours" and "nighttime hours" mean the same as those terms are described
31 in Subsection 77-7-5(3).
32 (b) "Supervisory official" means a Ĥ→ [
33 or assistant police chief, the officer in charge of an investigative task force or the assistant
34 officer in charge, or the attorney general or an assistant attorney general
34a within a law enforcement agency ←Ĥ .
36 officer when making an arrest may forcibly enter the building in which the person to be
37 arrested is located, or in which there is probable cause for believing the person to be.
38 (b) Before making the forcible entry, the officer shall:
39 (i) identify himself or herself as [
40 (ii) demand admission;
41 (iii) wait a reasonable period of time for an occupant to admit access; and
42 (iv) explain the purpose for which admission is desired.
43 (c) (i) The officer need not give a demand and explanation, or identify himself or
44 herself, before making a forcible entry under the exceptions in Section 77-7-6 or [
45 there is probable cause to believe evidence will be easily or quickly destroyed.
46 (ii) The officer shall identify himself or herself and state the purpose for entering the
47 premises as soon as practicable after entering the premises.
48 (d) The officer may use only that force [
49 effectuate forcible entry under this section.
51 Subsection [
52 private residence, and if there is no consent to enter or there are no exigent circumstances, the
53 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.
58 (4) Before seeking a warrant from a judge or magistrate pursuant to Subsection (3), a
59 supervisory official shall, using the officer's affidavit and other relevant information,
60 independently perform a risk assessment to evaluate the totality of the circumstances and
61 ensure reasonable intelligence gathering efforts have been made.
62 (5) (a) The affidavit for a warrant seeking forcible entry shall describe Ĥ→ [
63 (i) why the officer believes the suspect is unable to be detained, or the residence
64 searched, using less invasive or less confrontational methods; and
66 is identified and that potential harm to innocent third parties, the building, and officers may be
68 (b) Notwithstanding Subsection 77-7-5(2)(a), and pursuant to Rule 40 of the Utah
69 Rules of Criminal Procedure, a warrant shall be served during daytime hours unless the
70 affidavit states sufficient grounds to believe a search is necessary during nighttime hours.
71a entry under
72 this section may not be made solely for the alleged:
73a Section 58-37-8 Ĥ→ [
74 without the intent to distribute
76 Ĥ→ [