2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 8 - Forcible entry to conduct search or make arrest -- Conditions requiring a warrant.

Effective 5/4/2022
77-7-8.
Forcible entry to conduct search or make arrest -- Conditions requiring a warrant.
(1) As used in this section:
(a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
(b) "Forcible entry" means entering any building, room, conveyance, compartment, or other enclosure by force.
(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 officer's demand for entry.
(d) "Knock and announce warrant" means a lawful search warrant that authorizes entry into a building after knocking and demanding entry onto property or building as outlined in Subsection (2).
(e) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
(f) "Supervisory official" means a command-level officer and includes all sheriffs, heads of law enforcement agencies, and all supervisory enforcement officers equivalent to a sergeant rank or higher.
(2)
(a) Subject to the provisions of this subsection, an officer when making a lawful arrest or serving a lawful knock and announce warrant, may make forcible entry where the person to be arrested is located, or where there is probable cause for believing the person to be.
(b) Before making the forcible entry, the officer shall:
(i) wear readily identifiable markings, including a badge and vest or clothing with a distinguishing label or other writing which identifies the person as a law enforcement officer;
(ii) audibly identify himself or herself as a law enforcement officer;
(iii) knock and demand admission more than once;
(iv) wait a reasonable period of time for an occupant to admit access after knocking and demanding admission; and
(v) explain the purpose for which admission is desired.
(c)
(i) The officer need not knock, give a demand and explanation, or identify himself or herself, before making a forcible entry:
(A) under the exceptions in Section 77-7-6;
(B) where there is probable cause to believe exigent circumstances exist due to the destruction of evidence; or
(C) there is reasonable suspicion to believe exigent circumstances exist due to the physical safety of an officer or individual inside or in near proximity to the building.
(ii) The officer shall identify himself or herself and state the purpose for entering the premises as soon as practicable after entering the premises.
(d) The officer may use only that force which is reasonable and necessary to effectuate forcible entry under this section.
(3) Subject to Subsection (4), if the building to be entered under Subsection (2) appears to be a private residence or the officer knows the building is a private residence, and if there is no consent to enter or there are no exigent circumstances, the officer shall, before entering the building:
(a) obtain an arrest or search warrant if the building is the residence of the person to be arrested; or
(b) obtain a search warrant if the building is a residence, but not the residence of the person whose arrest is sought.
(4) Before seeking a warrant from a judge or magistrate under Subsection (2), a supervisory official shall, using the 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 person or building to be searched; and
(d) determine either that there is a sufficient basis to support seeking a warrant or require that the officer continue evidence gathering efforts.
(5) Notwithstanding any other provision of this chapter, forcible entry under this section may not be made solely for the alleged:
(a) possession or use of a controlled substance under Section 58-37-8; or
(b) the possession of drug paraphernalia as defined in Section 58-37a-3.
(6) All arrest warrants are subject to the conditions set forth in Subsection 77-7-5(2).
(7) Unless specifically requested by the affiant and approved by a judge or magistrate, all knock and announce warrants shall be served during daytime hours.
Amended by Chapter 131, 2022 General Session