77-7-8 - Forcible entry to make arrest -- Conditions requiring a warrant. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-07 > 77-7-8

77-7-8. Forcible entry to make arrest -- Conditions requiring a warrant.
(1) (a) Subject to Subsection (2), a peace officer when making an arrest may forciblyenter the building in which the person to be arrested is, or in which there are reasonable groundsfor believing him to be.
(b) Before making the forcible entry, the officer shall demand admission and explain thepurpose for which admission is desired.
(c) The officer need not give a demand and explanation before making a forcible entryunder the exceptions in Section 77-7-6 or where there is reason to believe evidence will besecreted or destroyed.
(2) If the building to be entered under Subsection (1) appears to be a private residence orthe officer knows the building is a private residence, and if there is no consent to enter or thereare 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 bearrested; or
(b) obtain a search warrant if the building is a residence, but not the residence of theperson whose arrest is sought.

Amended by Chapter 29, 2003 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-07 > 77-7-8

77-7-8. Forcible entry to make arrest -- Conditions requiring a warrant.
(1) (a) Subject to Subsection (2), a peace officer when making an arrest may forciblyenter the building in which the person to be arrested is, or in which there are reasonable groundsfor believing him to be.
(b) Before making the forcible entry, the officer shall demand admission and explain thepurpose for which admission is desired.
(c) The officer need not give a demand and explanation before making a forcible entryunder the exceptions in Section 77-7-6 or where there is reason to believe evidence will besecreted or destroyed.
(2) If the building to be entered under Subsection (1) appears to be a private residence orthe officer knows the building is a private residence, and if there is no consent to enter or thereare 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 bearrested; or
(b) obtain a search warrant if the building is a residence, but not the residence of theperson whose arrest is sought.

Amended by Chapter 29, 2003 General Session

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-07 > 77-7-8

77-7-8. Forcible entry to make arrest -- Conditions requiring a warrant.
(1) (a) Subject to Subsection (2), a peace officer when making an arrest may forciblyenter the building in which the person to be arrested is, or in which there are reasonable groundsfor believing him to be.
(b) Before making the forcible entry, the officer shall demand admission and explain thepurpose for which admission is desired.
(c) The officer need not give a demand and explanation before making a forcible entryunder the exceptions in Section 77-7-6 or where there is reason to believe evidence will besecreted or destroyed.
(2) If the building to be entered under Subsection (1) appears to be a private residence orthe officer knows the building is a private residence, and if there is no consent to enter or thereare 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 bearrested; or
(b) obtain a search warrant if the building is a residence, but not the residence of theperson whose arrest is sought.

Amended by Chapter 29, 2003 General Session