2006 Utah Code - 77-23-203 — Conditions precedent to issuance.

     77-23-203.   Conditions precedent to issuance.
     (1) A search warrant shall not issue except upon probable cause supported by oath or affirmation particularly describing the person or place to be searched and the person, property, or evidence to be seized.
     (2) If the item sought to be seized is evidence of illegal conduct, and is in the possession of a person or entity for which there is insufficient probable cause shown to the magistrate to believe that such person or entity is a party to the alleged illegal conduct, no search warrant shall issue except upon a finding by the magistrate that the evidence sought to be seized cannot be obtained by subpoena, or that such evidence would be concealed, destroyed, damaged, or altered if sought by subpoena. If such a finding is made and a search warrant issued, the magistrate shall direct upon the warrant such conditions that reasonably afford protection of the following interests of the person or entity in possession of such evidence:
     (a) protection against unreasonable interference with normal business;
     (b) protection against the loss or disclosure of protected confidential sources of information; or
     (c) protection against prior or direct restraints on constitutionally protected rights.

Renumbered and Amended by Chapter 142, 1994 General Session