77-7-8.1. Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.

435 words·~2 min read·/ut/title-77/chapter-7/77-7-8-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section:

(a)"Daytime hours" means the same as that term is defined in Section 77-7-5 .

(b)"Forcibly enter" 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 onto a premises without notice to any occupant on the premises at the time of service.

(e)"Supervisory official" means the same as that term is defined in Section 77-7-8 .

(f)"Peace officer" means the same as that term is defined in Section 53-1-102 .

(g)"Premises" means any property, building, room, conveyance, compartment, or other enclosure.

(2)Subject to the provisions of this section, a peace officer serving a lawful no-knock warrant may forcibly enter a premises 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 peace 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 individual or premises to be searched; and

(d)determine either that there is a sufficient basis to support seeking a warrant or require that the peace officer continue evidence gathering efforts.

(a)The affidavit for a no-knock warrant shall describe:

(i)why the peace 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 premises is identified and that potential harm to innocent third parties, the premises, and officers may be minimized; or

(iii)the present or imminent threat of serious bodily injury or death to an individual inside, outside, or in near proximity to the premises.

(b)A peace officer shall serve a no-knock warrant during daytime hours unless a peace officer's affidavit states sufficient grounds to believe a search is necessary during nighttime hours.

(5)An officer shall wear readily identifiable markings when serving a no-knock warrant, including a badge and vest or clothing with a distinguishing label or other writing that shows that the individual is a peace officer.

(6)Notwithstanding any other provision of this chapter, a peace officer may not request a no-knock warrant if the warrant is solely for a misdemeanor investigation.

Amended by Chapter 133 , 2024 General Session