Enrolled Copy H.B. 177
1 FORCIBLE ENTRY WARRANT AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn Senate Sponsor: Michael K. McKell
2
3 LONG TITLE
4 General Description:
5 This bill amends the requirements for law enforcement officers to forcibly enter a premises.
6 Highlighted Provisions:
7 This bill:
8 ▸ defines terms;
9 ▸ provides an exception to the requirement that a law enforcement officer knock and
10 demand admission and wait a reasonable time before forcibly entering a premises in certain
11 circumstances; and
12 ▸ makes technical and conforming changes.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 77-7-8, as last amended by Laws of Utah 2022, Chapter 131
20 77-7-8.1, as enacted by Laws of Utah 2022, Chapter 131
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 77-7-8 is amended to read:
24 77-7-8 . Forcible entry to conduct search or make arrest -- Conditions requiring
25 a warrant.
26 (1) As used in this section:
27 (a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
28 (b) ["Forcible entry"] "Forcibly enter" means entering any [building, room, conveyance,
H.B. 177 Enrolled Copy
29 compartment, or other enclosure] premises by force.
30 (c) "Knock" means to knock with reasonably strong force in a quick succession of three
31 or more contacts with a door or other point of entry into a building that would allow
32 the occupant to reasonably hear the peace officer's demand for entry.
33 (d) "Knock and announce warrant" means a lawful search warrant that authorizes entry
34 into a building after knocking and demanding entry onto [property or building as
35 outlined] a premises described in Subsection (2).
36 (e) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
37 (f) "Peace officer" means the same as that term is defined in Section 53-1-102.
38 (g) "Premises" means any building, room, conveyance, compartment, or other enclosure.
39 [(f)] (h) (i) "Supervisory official" means a command-level officer [and] .
40 (ii) "Supervisory official" includes [all sheriffs, heads of law enforcement agencies] a
41 sheriff, a head of a law enforcement agency, and [all] a supervisory enforcement [
42 officers] officer equivalent to a sergeant rank or higher.
43 (2) (a) Subject to the provisions of this [subsection, an] Subsection (2), a peace officer
44 when making a lawful arrest, or serving a [lawful ]knock and announce warrant, may [
45 make forcible entry ] forcibly enter a premises:
46 (i) [where the person] if the individual to be arrested is located[,] within the premises;
47 or
48 (ii) [ where ] if there is probable cause [for believing the person to be ] to believe that
49 the individual is located within the premises.
50 (b) (i) [Before making the forcible entry, the ] Subject to Subsection (3), before
51 forcibly entering a premises as described in Subsection (2)(a), a peace officer shall:
52 [(i)] (A) wear readily identifiable markings, including a badge and vest or clothing
53 with a distinguishing label or other writing [which ] that identifies the [person ]
54 individual as a law enforcement officer;
55 [(ii)] (B) audibly identify himself or herself as a law enforcement officer;
56 [(iii)] (C) knock and demand admission more than once;
57 [(iv)] (D) wait a reasonable period of time for an occupant to admit access after
58 knocking and demanding admission; and
59 [(v)] (E) explain the purpose for which admission is desired.
60 [(c)] (3) [(i)] (a) [The officer need not knock, give a demand and explanation, or identify
61 himself or herself, before making a forcible entry ] A peace officer does not need to:
62 (i) comply with the requirements of Subsection (2)(b)(i)(B), (2)(b)(i)(C), (2)(b)(i)(D),
-2-
Enrolled Copy H.B. 177
63 and (2)(b)(i)(E) before forcibly entering a premises:
64 (A) under the exceptions in Section 77-7-6 or 77-7-8.1;
65 (B) where there is probable cause to believe exigent circumstances exist due to the
66 destruction of evidence; or
67 (C) where there is reasonable suspicion to believe exigent circumstances exist due
68 to the physical safety of [an] a peace officer or individual inside or in near
69 proximity to the [building. ] premises; or
70 (ii) comply with the requirements described in Subsections (2)(b)(i)(C) and
71 (2)(b)(i)(D) before forcibly entering a premises if the officer, or another peace
72 officer:
73 (A) has been near the premises for an extended amount of time and a reasonable
74 person would conclude that an individual on the premises knows or should
75 know that a peace officer is present;
76 (B) has demanded admission and announced an intent to enter the premises more
77 than once; and
78 (C) has complied with Subsections (2)(b)(i)(A), (2)(b)(i)(B), and (2)(b)(i)(E).
79 [(ii)] (b) [The ] If a peace officer forcibly enters a premises under Subsection (3)(a)(i), the
80 peace officer shall identify himself or herself and state the purpose for entering the
81 premises as soon as practicable after entering the premises.
82 [(d)] (4) The peace officer may use only that force [which] that is reasonable and necessary
83 to [effectuate forcible entry ] forcibly enter a premises under this section.
84 [(3)] (5) Subject to Subsection [(4) ] (6), if the [building ] premises to be entered under
85 Subsection [(2) ] (2)(a) appears to be a private residence or the peace officer knows the [
86 building] premises is a private residence, and if there is no consent to enter or there are
87 no exigent circumstances, the peace officer shall, before entering the [building ] premises:
88 (a) obtain an arrest or search warrant if the [building ] premises is the residence of the [
89 person ] individual to be arrested; or
90 (b) obtain a search warrant if the building is a private residence, but not the residence of
91 the [person ] individual whose arrest is sought.
92 [(4)] (6) Before seeking a warrant from a judge or magistrate under Subsection [(2) ] (2)(a), a
93 supervisory official shall, using the peace officer's affidavit:
94 (a) independently perform an assessment to evaluate the totality of the circumstances;
95 (b) ensure reasonable intelligence gathering efforts have been made;
96 (c) ensure a threat assessment was completed on the [person or building ] individual or
-3-
H.B. 177 Enrolled Copy
97 premises to be searched; and
98 (d) determine either that there is a sufficient basis to support seeking a warrant or require
99 that the peace officer continue evidence gathering efforts.
100 [(5)] (7) Notwithstanding any other provision of this chapter, [forcible entry under this
101 section ] a peace officer may not [be made ] forcibly enter a premises based solely [for the
102 alleged ] on:
103 (a) the alleged possession or use of a controlled substance under Section 58-37-8; or
104 (b) [the ] the alleged possession of drug paraphernalia as defined in Section 58-37a-3.
105 [(6)] (8) All arrest warrants are subject to the conditions [set forth ] described in Subsection
106 77-7-5(2).
107 [(7)] (9) [Unless specifically requested by the affiant and approved by a judge or magistrate,
108 all knock and announce warrants shall be served ] A peace officer shall serve a knock
109 and announce warrant during daytime hours unless a peace officer has requested, and a
110 judge or magistrate has approved, for the warrant to be served during nighttime hours.
111 Section 2. Section 77-7-8.1 is amended to read:
112 77-7-8.1 . Forcible entry to conduct a search -- Conditions requiring a warrant --
113 No-knock warrants.
114 (1) As used in this section:
115 (a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
116 (b) ["Forcible entry"] "Forcibly enter" means the same as that term is defined in Section
117 77-7-8.
118 (c) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
119 (d) "No-knock warrant" means a lawful search warrant that authorizes entry [into a
120 building] onto a premises without notice to any occupant [in the property or building]
121 on the premises at the time of service.
122 (e) "Supervisory official" means the same as that term is defined in Section 77-7-8.
123 (f) "Peace officer" means the same as that term is defined in Section 53-1-102.
124 (g) "Premises" means any property, building, room, conveyance, compartment, or other
125 enclosure.
126 (2) Subject to the provisions of this section, [an] a peace officer serving a lawful no-knock
127 warrant may [make a forcible entry onto the property or building] forcibly enter a
128 premises to be searched without notice.
129 (3) Before seeking a no-knock warrant from a judge or magistrate under Subsection (2), a
130 supervisory official shall, using the peace officer's affidavit:
-4-
Enrolled Copy H.B. 177
131 (a) independently perform an assessment to evaluate the totality of the circumstances;
132 (b) ensure reasonable intelligence gathering efforts have been made;
133 (c) ensure a threat assessment was completed on the [person or building] individual or
134 premises to be searched; and
135 (d) determine either that there is a sufficient basis to support seeking a warrant or require
136 that the peace officer continue evidence gathering efforts.
137 (4) (a) The affidavit for a no-knock warrant shall describe:
138 (i) why the peace officer believes the suspect is unable to be detained or the residence
139 searched using less invasive or less confrontational methods;
140 (ii) investigative activities that have been undertaken to ensure that the correct [
141 building] premises is identified and that potential harm to innocent third parties,
142 the [building] premises, and officers may be minimized; or
143 (iii) the present or imminent threat of serious bodily injury or death to [a person] an
144 individual inside, outside, or in near proximity to the [building] premises.
145 (b) [A] A peace officer shall serve a no-knock warrant [shall be served ]during daytime
146 hours unless [the] a peace officer's affidavit states sufficient grounds to believe a
147 search is necessary during nighttime hours.
148 (5) [Upon serving a no-knock warrant, an] An officer shall wear readily identifiable
149 markings when serving a no-knock warrant, including a badge and vest or clothing with
150 a distinguishing label or other writing [which] that shows that the [person] individual is a [
151 law enforcement] peace officer.
152 (6) Notwithstanding any other provision of this chapter, [an] a peace officer may not request
153 a no-knock warrant if the warrant is solely for a misdemeanor investigation.
154 Section 3. Effective date.
155 This bill takes effect on May 1, 2024.
-5-
Statutes affected: Introduced: 77-7-8, 77-7-8.1
Amended: 77-7-8, 77-7-8.1
Enrolled: 77-7-8, 77-7-8.1