Utah Code 77-23-104. Written plan — Approval of magistrate
Current as of: 2023 | Check for updates
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Superseded 7/1/2023)
77-23-104. Written plan — Approval of magistrate.
(1) | An administrative traffic checkpoint may be established and operated upon written authority of a magistrate. |
(a) | peace officers as defined in Title 53, Chapter 13, Peace Officer Classifications; |
(b) | correctional officers as defined in Title 53, Chapter 13, Peace Officer Classifications; |
(c) | special function officers as defined and under the restrictions of Title 53, Chapter 13, Peace Officer Classifications; and |
(d) | federal officers as defined in Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 77-23-102 | ||||||||||||||||||||||
(2) | A magistrate may issue written authority to establish and operate an administrative traffic checkpoint if:
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(3) | Upon determination by the magistrate that the plan meets the requirements of Subsection (2), the magistrate shall sign the authorization and issue it to the command level officer, retaining a copy for the court’s file. |
(4) | A copy of the plan and signed authorization shall be issued to the checkpoint command level officer participating in the operation of the checkpoint. |
(5) | Any enforcement officer participating in the operation of the checkpoint shall conform his activities as nearly as practicable to the procedures outlined in the plan. |
(6) | The checkpoint command level officer shall be available to exhibit a copy of the plan and signed authorization to any motorist who has been stopped at the checkpoint upon request of the motorist. |
Amended by Chapter 168, 2001 General Session