(1) As used in this section:

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Terms Used In Utah Code 77-7-8.1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (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)

     (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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