Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 82 First Substitute (2015GS)

Sponsor

Sen. Urquhart, S.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends existing law regarding the use of forcible entry by a law enforcement officer when executing a warrant;
• requires that the Utah Peace Officer Standards and Training Council recommend guidelines and procedures regarding use of force in executing a warrant;
• requires a law enforcement officer to wear a badge, label, or clothing that identifies that person as a peace officer;
• provides that if the deploying law enforcement agency owns and operates body camera devices, the officer who executes a warrant shall be equipped with a body camera that actively records through the duration of the execution of the warrant;
• provides that a search or administrative warrant may not be issued by a justice court judge;
• provides that a warrant authorizing forcible entry may not be issued solely for the purpose of an alleged controlled substance or for drug paraphernalia; and
• provides that any evidence obtained in violation of these provisions is not admissible in any civil, criminal, or administrative proceeding.

Every vote on this bill

Bill text

FORCIBLE ENTRY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen H. Urquhart
House Sponsor: 
Bradley G. Last
LONG TITLE
General Description:
This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible
entry when serving a search warrant or making an arrest.
Highlighted Provisions:
This bill:
▸ amends existing law regarding the use of forcible entry by a law enforcement officer
when executing a warrant;
▸ requires that the Utah Peace Officer Standards and Training Council recommend
guidelines and procedures regarding use of force in executing a warrant;
▸ requires a law enforcement officer to wear a badge, label, or clothing that identifies
that person as a peace officer;
▸ provides that if the deploying law enforcement agency owns and operates body
camera devices, the officer who executes a warrant shall be equipped with a body
camera that actively records through the duration of the execution of the warrant;
▸ provides that a search or administrative warrant may not be issued by a justice court
judge;
▸ provides that a warrant authorizing forcible entry may not be issued solely for the
purpose of an alleged controlled substance or for drug paraphernalia; and
▸ provides that any evidence obtained in violation of these provisions is not
admissible in any civil, criminal, or administrative proceeding.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-7-8
, as last amended by Laws of Utah 2014, Chapter 297
77-23-210
, as last amended by Laws of Utah 2014, Chapter 297
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-7-8
 is amended to read:
77-7-8.
Forcible entry to conduct search or make arrest -- Conditions requiring a
warrant.
(1) (a) Subject to Subsection (2), a peace officer when making an arrest may forcibly
enter the building in which the person to be arrested is 
located
, or in which there is probable
cause for believing [
him
] 
the person
 to be.
(b) Before making the forcible entry, the officer shall:
(i) identify himself or herself as a law enforcement officer; [
and
]
(ii) demand admission
;
(iii) wait a reasonable period of time for an occupant to admit access;
 and
(iv)
 explain the purpose for which admission is desired.
(c) (i) The officer need not give a demand and explanation, or identify himself or
herself, before making a forcible entry under the exceptions in Section 
77-7-6
 or where there is
probable cause to believe evidence will be easily or quickly [
secreted or
] destroyed.
(ii) The officer shall identify himself or herself and state the purpose [
of
] 
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.
(2) If the building to be entered under Subsection (1) 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.
(3) 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
.
Section 2. Section 
77-23-210
 is amended to read:
77-23-210.
Force used in executing a search warrant -- When notice of authority
is required as a prerequisite.
(1) (a) No later than July 1, 2015, any law enforcement agency that seeks a warrant
under this section shall comply with guidelines and procedures which are, at a minimum, in
accordance with state law and model guidelines and procedures recommended by the Utah
Peace Officer Standards and Training Council created in Section 
53-6-106
.
(b) Written policies adopted pursuant to this section, shall be subject to public
disclosure and inspection, in accordance with Title 63G, Chapter 2, Government Access and
Management Act.
[
(1)
] 
(2)
 When a search warrant has been issued authorizing entry into any building,
room, conveyance, compartment, or other enclosure, the officer executing the warrant may
enter:
(a) if, after 
giving
 notice of the officer's authority and purpose, there is no response or
the officer is not admitted with reasonable promptness; or
(b) without notice of the officer's authority and purpose as provided in Subsection (3).
[
(2) The officer executing the warrant under Subsection (1) may use only that force
which is reasonable and necessary to execute the warrant.
]
[
(3) (a) The officer shall identify himself or herself and state the purpose of entering
the premises as soon as practicable.
]
[
(b)
] 
(3) (a)
 The officer may enter without notice only if:
(i) there is [
reason
] 
reasonable suspicion
 to believe 
that
 the notice will endanger the
life or safety of the officer or another person;
(ii) there is probable cause to believe that evidence may be easily or quickly [
secreted
or
] destroyed; or
(iii) the magistrate, having found probable cause based upon proof provided under
oath, that the object of the search may be easily or quickly [
secreted or
] destroyed, or having
found reason to believe that physical harm may result to any person if notice were given, has
directed that the officer need not give notice of authority and purpose before entering the
premises to be searched under [
Rule 40,
] 
the
 Rules of Criminal Procedure[
.
]
; or
(iv) the officer physically observes and documents a previously unknown event or
circumstance at the time the warrant is being executed which creates probable cause to believe
the object of the search is being destroyed, or creates reasonable suspicion to believe that
physical harm may result to any person if notice were given.
(b) The officer shall identify himself or herself and state the purpose for entering the
premises as soon as practicable after entering.
(4) An officer executing a warrant under this section may use only that force which is
reasonable and necessary to execute the warrant.
(5) An officer executing a warrant under this section shall wear readily identifiable
markings, including a badge and vest or clothing with a distinguishing label or other writing
which indicates that he or she is a law enforcement officer.
(6) (a) An officer executing a warrant under this section shall comply with the officer's
employing agency's body worn camera policy when the officer is equipped with a body worn
camera.
(b) The employing agency's policy regarding the use of body worn cameras shall
include a provision that an officer executing a warrant under this section shall wear a body
worn camera when a camera is available, except in exigent circumstances where it is not
practicable to do so.
[
(4)
] 
(7)
 (a) The officer shall take reasonable precautions in execution of any search
warrant to minimize the risks of unnecessarily confrontational or invasive methods which may
result in harm to any person.
(b) The officer shall minimize the risk of searching the wrong premises by verifying
that the premises being searched is consistent with a particularized description in the search
warrant, including such factors as the type of structure, the color, the address, and orientation
of the target property in relation to nearby structures as is reasonably necessary.
(8) Notwithstanding any provision in this chapter, a warrant authorizing forcible entry
without prior announcement may not be issued under this section, solely for:
(a) the alleged possession or use of a controlled substance; or
(b) the alleged possession of drug paraphernalia as provided in Section 
58-37a-3
.