| (1) |
As used in this section:
Terms Used In Utah Code 77-7-8.1- 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.
- 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
- Property: includes both real and personal property. 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 the same as that term is defined in Section 77-7-8. |
| (c) |
“Nighttime hours” means the same as that term is defined in Section 77-7-5. |
| (d) |
“No-knock warrant” means a lawful search warrant that authorizes entry into a building without notice to any occupant in the property or building at the time of service. |
| (e) |
“Supervisory official” means the same as that term is defined in Section 77-7-8. |
|
| (2) |
Subject to the provisions of this section, an officer serving a lawful no-knock warrant may make a forcible entry onto the property or building to be searched without notice. |
| (3) |
Before seeking a no-knock 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. |
|
| (4) |
| (a) |
The affidavit for a no-knock warrant shall describe:
| (i) |
why the officer believes the suspect is unable to be detained or the residence searched using less invasive or less confrontational methods; |
| (ii) |
investigative activities that have been undertaken to ensure that the correct building is identified and that potential harm to innocent third parties, the building, and officers may be minimized; or |
| (iii) |
the present or imminent threat of serious bodily injury or death to a person inside, outside, or in near proximity to the building. |
|
| (b) |
A no-knock warrant shall be served during daytime hours unless the affidavit states sufficient grounds to believe a search is necessary during nighttime hours. |
|
| (5) |
Upon serving a no-knock warrant, an officer shall wear readily identifiable markings, including a badge and vest or clothing with a distinguishing label or other writing which shows that the person is a law enforcement officer. |
| (6) |
Notwithstanding any other provision of this chapter, an officer may not request a no-knock warrant if the warrant is solely for a misdemeanor investigation. |
Enacted by Chapter 131, 2022 General Session
