Utah Code 23A-5-206. Search warrants
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(1) A search warrant may be issued by a magistrate to search for property that may constitute evidence of a violation of this title, rules, or proclamations of the Wildlife Board upon an affidavit of a person.
Terms Used In Utah Code 23A-5-206
- 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.
- Conservation officer: means a full-time, permanent employee of the division who is POST certified as a peace or a special function officer. See Utah Code 23A-1-101
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Wildlife: means :(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101(2) The search warrant shall be directed to a conservation officer or a peace officer, directing the officer to search for evidence and to bring the evidence before the magistrate.(3) A search warrant may not be issued except upon probable cause supported by oath or affirmation, particularly describing the place, person, or thing to be searched for and the person or thing to be seized.(4) The warrant shall be served in the daytime, unless there is reason to believe that the service of the search warrant is required immediately because a person may:(4)(a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;(4)(b) destroy or conceal evidence of the commission of a violation; or(4)(c) injure another person or damage property.(5) Notwithstanding Subsection (4), a search warrant may be served at night if:(5)(a) there is reason to believe that a violation may occur at night; or(5)(b) the evidence of the violation may not be available to the officers serving the warrant during the day.