Utah § 77-7-8.1 Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.

Utah Statutes

§ 77-7-8.1 — Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.

Utah § 77-7-8.1

Title 77Utah Code of Criminal Procedure

Ch. 77-7Arrest, by Whom, and How Made

This text of Utah § 77-7-8.1 (Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-7-8.1 (2026).

Text

(1)As used in this section:

(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 w

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(1) As used in this section:
(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.