Utah § 77-7-8.1 - Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.
Full text of Utah Utah Code § 77-7-8.1 — Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants., with citation guidance and answers to common questions.
§ 77-7-8.1. Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.
Effective 5/1/2024 77-7-8.1.
Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.
(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.
(4)
(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.
Section 77-7-8.1 ("Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 77-7-8.1?
A common citation format is "Utah Code § 77-7-8.1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 77-7-8.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
