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2024 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 7 - Arrest, by Whom, and How Made
Section 8.1 - Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.

Universal Citation:
UT Code § 77-7-8.1 (2024)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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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.


Amended by Chapter 133, 2024 General Session
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