| (1) |
As used in this section:
Terms Used In Utah Code 77-7-8- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
“Daytime hours” means the same as that term is defined in Section 77-7-5. |
| (b) |
“Forcible entry” means entering any building, room, conveyance, compartment, or other enclosure by force. |
| (c) |
“Knock” means to knock with reasonably strong force in a quick succession of three or more contacts with a door or other point of entry into a building that would allow the occupant to reasonably hear the officer’s demand for entry. |
| (d) |
“Knock and announce warrant” means a lawful search warrant that authorizes entry into a building after knocking and demanding entry onto property or building as outlined in Subsection (2). |
| (e) |
“Nighttime hours” means the same as that term is defined in Section 77-7-5. |
| (f) |
“Supervisory official” means a command-level officer and includes all sheriffs, heads of law enforcement agencies, and all supervisory enforcement officers equivalent to a sergeant rank or higher. |
|
| (2) |
| (a) |
Subject to the provisions of this subsection, an officer when making a lawful arrest or serving a lawful knock and announce warrant, may make forcible entry where the person to be arrested is located, or where there is probable cause for believing the person to be. |
| (b) |
Before making the forcible entry, the officer shall:
| (i) |
wear readily identifiable markings, including a badge and vest or clothing with a distinguishing label or other writing which identifies the person as a law enforcement officer; |
| (ii) |
audibly identify himself or herself as a law enforcement officer; |
| (iii) |
knock and demand admission more than once; |
| (iv) |
wait a reasonable period of time for an occupant to admit access after knocking and demanding admission; and |
| (v) |
explain the purpose for which admission is desired. |
|
| (c) |
| (i) |
The officer need not knock, give a demand and explanation, or identify himself or herself, before making a forcible entry:
| (A) |
under the exceptions in Section 77-7-6; |
| (B) |
where there is probable cause to believe exigent circumstances exist due to the destruction of evidence; or |
| (C) |
there is reasonable suspicion to believe exigent circumstances exist due to the physical safety of an officer or individual inside or in near proximity to the building. |
|
| (ii) |
The officer shall identify himself or herself and state the purpose for entering the premises as soon as practicable after entering the premises. |
|
| (d) |
The officer may use only that force which is reasonable and necessary to effectuate forcible entry under this section. |
|
| (3) |
Subject to Subsection (4), if the building to be entered under Subsection (2) appears to be a private residence or the officer knows the building is a private residence, and if there is no consent to enter or there are no exigent circumstances, the officer shall, before entering the building:
| (a) |
obtain an arrest or search warrant if the building is the residence of the person to be arrested; or |
| (b) |
obtain a search warrant if the building is a residence, but not the residence of the person whose arrest is sought. |
|
| (4) |
Before seeking a warrant from a judge or magistrate under Subsection (2), a supervisory official shall, using the officer’s affidavit:
| (a) |
independently perform an assessment to evaluate the totality of the circumstances; |
| (b) |
ensure reasonable intelligence gathering efforts have been made; |
| (c) |
ensure a threat assessment was completed on the person or building to be searched; and |
| (d) |
determine either that there is a sufficient basis to support seeking a warrant or require that the officer continue evidence gathering efforts. |
|
| (5) |
Notwithstanding any other provision of this chapter, forcible entry under this section may not be made solely for the alleged:
| (a) |
possession or use of a controlled substance under Section 58-37-8; or |
| (b) |
the possession of drug paraphernalia as defined in Section 58-37a-3. |
|
| (6) |
All arrest warrants are subject to the conditions set forth in Subsection 77-7-5(2). |
| (7) |
Unless specifically requested by the affiant and approved by a judge or magistrate, all knock and announce warrants shall be served during daytime hours. |
Amended by Chapter 131, 2022 General Session
