This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible entry by law enforcement officers when conducting a search or making an arrest.
This bill:
. amends existing law regarding the use of forcible entry by law enforcement officers to include searches;
. requires law enforcement officers to identify themselves before forcing entry into a building;
. amends existing law to allow law enforcement officers to force entry into a building without first issuing a demand or explanation if there is probable cause to believe that evidence will be easily or quickly destroyed;
. requires law enforcement officers to use the least amount of force necessary when executing forcible entry, as authorized;
. requires that any application for a warrant to forcibly enter a place of residence shall:
. explain why law enforcement officials cannot use less invasive or confrontational methods to effectuate the necessary search or arrest;
. explain why the search or arrest cannot be executed during the day, if it is to be executed at night, as defined; and
. describe investigative activities that have been or will be undertaken prior to executing the search or arrest to ensure that the correct building has been identified or explain why no investigative activities are needed; and
. clarifies that any information or property obtained in violation of these provisions is inadmissable in court.