(1) As used in this section:

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Terms Used In Utah Code 77-7-8

  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. 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 entering any premises by force.
     (1)(c) “Knock” means to knock with reasonably strong force in a quick succession of three or more contacts with a door or other point of entry into a building that would allow the occupant to reasonably hear the peace officer’s demand for entry.
     (1)(d) “Knock and announce warrant” means a lawful search warrant that authorizes entry into a building after knocking and demanding entry onto a premises described in Subsection (2).
     (1)(e) “Nighttime hours” means the same as that term is defined in Section 77-7-5.
     (1)(f) “Peace officer” means the same as that term is defined in Section 53-1-102.
     (1)(g) “Premises” means any building, room, conveyance, compartment, or other enclosure.
     (1)(h)

          (1)(h)(i) “Supervisory official” means a command-level officer.
          (1)(h)(ii) “Supervisory official” includes a sheriff, a head of a law enforcement agency, and a supervisory enforcement officer equivalent to a sergeant rank or higher.
(2)

     (2)(a) Subject to the provisions of this Subsection (2), a peace officer when making a lawful arrest, or serving a knock and announce warrant, may forcibly enter a premises:

          (2)(a)(i) if the individual to be arrested is located within the premises; or
          (2)(a)(ii) if there is probable cause to believe that the individual is located within the premises.
     (2)(b)

          (2)(b)(i) Subject to Subsection (3), before forcibly entering a premises as described in Subsection (2)(a), a peace officer shall:

               (2)(b)(i)(A) wear readily identifiable markings, including a badge and vest or clothing with a distinguishing label or other writing that identifies the individual as a law enforcement officer;
               (2)(b)(i)(B) audibly identify himself or herself as a law enforcement officer;
               (2)(b)(i)(C) knock and demand admission more than once;
               (2)(b)(i)(D) wait a reasonable period of time for an occupant to admit access after knocking and demanding admission; and
               (2)(b)(i)(E) explain the purpose for which admission is desired.
(3)

     (3)(a) A peace officer does not need to:

          (3)(a)(i) comply with the requirements of Subsection (2)(b)(i)(B), (2)(b)(i)(C), (2)(b)(i)(D), and (2)(b)(i)(E) before forcibly entering a premises:

               (3)(a)(i)(A) under the exceptions in Section 77-7-6or 77-7-8.1;
               (3)(a)(i)(B) where there is probable cause to believe exigent circumstances exist due to the destruction of evidence; or
               (3)(a)(i)(C) where there is reasonable suspicion to believe exigent circumstances exist due to the physical safety of a peace officer or individual inside or in near proximity to the premises; or
          (3)(a)(ii) comply with the requirements described in Subsections (2)(b)(i)(C) and (2)(b)(i)(D) before forcibly entering a premises if the officer, or another peace officer:

               (3)(a)(ii)(A) has been near the premises for an extended amount of time and a reasonable person would conclude that an individual on the premises knows or should know that a peace officer is present;
               (3)(a)(ii)(B) has demanded admission and announced an intent to enter the premises more than once; and
               (3)(a)(ii)(C) has complied with Subsections (2)(b)(i)(A), (2)(b)(i)(B), and (2)(b)(i)(E).
     (3)(b) If a peace officer forcibly enters a premises under Subsection (3)(a)(i), the peace officer shall identify himself or herself and state the purpose for entering the premises as soon as practicable after entering the premises.
(4) The peace officer may use only that force that is reasonable and necessary to forcibly enter a premises under this section.
(5) Subject to Subsection (6), if the premises to be entered under Subsection (2)(a) appears to be a private residence or the peace officer knows the premises is a private residence, and if there is no consent to enter or there are no exigent circumstances, the peace officer shall, before entering the premises:

     (5)(a) obtain an arrest or search warrant if the premises is the residence of the individual to be arrested; or
     (5)(b) obtain a search warrant if the building is a private residence, but not the residence of the individual whose arrest is sought.
(6) Before seeking a warrant from a judge or magistrate under Subsection (2)(a), a supervisory official shall, using the peace officer’s affidavit:

     (6)(a) independently perform an assessment to evaluate the totality of the circumstances;
     (6)(b) ensure reasonable intelligence gathering efforts have been made;
     (6)(c) ensure a threat assessment was completed on the individual or premises to be searched; and
     (6)(d) determine either that there is a sufficient basis to support seeking a warrant or require that the peace officer continue evidence gathering efforts.
(7) Notwithstanding any other provision of this chapter, a peace officer may not forcibly enter a premises based solely on:

     (7)(a) the alleged possession or use of a controlled substance under Section 58-37-8; or
     (7)(b) the alleged possession of drug paraphernalia as defined in Section 58-37a-3.
(8) All arrest warrants are subject to the conditions described in Subsection 77-7-5(2).
(9) A peace officer shall serve a knock and announce warrant during daytime hours unless a peace officer has requested, and a judge or magistrate has approved, for the warrant to be served during nighttime hours.

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