2006 Utah Code - 77-23-212 — Evidence seized pursuant to warrant not excluded unless unlawful search or seizure substantial -- "Substantial" defined.

     77-23-212.   Evidence seized pursuant to warrant not excluded unless unlawful search or seizure substantial -- "Substantial" defined.
     (1) Property or evidence seized pursuant to a search warrant may not be suppressed at a motion, trial, or other proceeding, unless the unlawful conduct of the peace officer is shown to be substantial.
     (2) Any unlawful search or seizure shall be considered substantial and in bad faith if the warrant was obtained with malicious purpose and without probable cause or was executed maliciously and willfully beyond the authority of the warrant or with unnecessary severity.

Amended by Chapter 215, 1997 General Session