Utah statute
Utah Code Ann. § 77-7-8.1 — Forcible entry to conduct a search - Conditions requiring a warrant - No-knock warrants.
Current through 2026 General Session
Part of Chapter 7: Arrest, by Whom, and How Made, Utah Code.
Full text of Utah Code Ann. § 77-7-8.1
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) As used in this section: (1)(a) "Daytime hours" means the same as that term is defined in Section 77-7-5. (1)(b) "Forcibly enter" means the same as that term is defined in Section 77-7-8. (1)(c) "Nighttime hours" means the same as that term is defined in Section 77-7-5. (1)(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. (1)(e) "Supervisory official" means the same as that term is defined in Section 77-7-8. (1)(f) "Peace officer" means the same as that term is defined in Section 53-1-102. (1)(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: (3)(a) independently perform an assessment to evaluate the totality of the circumstances; (3)(b) ensure reasonable intelligence gathering efforts have been made; (3)(c) ensure a threat assessment was completed on the individual or premises to be searched; and (3)(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: (4)(a)(i) why the peace officer believes the suspect is unable to be detained or the residence searched using less invasive or less confrontational methods; (4)(a)(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 (4)(a)(iii) the present or imminent threat of serious bodily injury or death to an individual inside, outside, or in near proximity to the premises. (4)(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.
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