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Senate advances changes to remotely communicated search-warrant rules after court decision
Summary
Senators advanced SB 30 to rewrite remotely communicated search-warrant procedures to align statute with new Rule 40 of the Utah Rules of Criminal Procedure; sponsors said the move follows a Court of Appeals decision that overturned a DUI blood-draw conviction because of prior procedural defects and that the new statute will provide a more workable process for law enforcement.
Senator Jason E. Thomas on Jan. 25 urged passage of Senate Bill 30, a bill to revise Utah’s statute on remotely communicated search warrants so it conforms with Rule 40 recently adopted by the Utah Supreme Court. Thomas said that since 1998 law enforcement had been able to obtain remotely communicated warrants (often by telephone) but that statutory complexity limited use of the process.
Thomas told the Senate that a Utah Court of Appeals decision had overturned a DUI conviction involving serious bodily injury because an officer had not obtained an appropriate warrant before taking blood. "A more workable remotely communicated search-warrant process would assist law enforcement in avoiding this problem in the future," he said on the floor. He said the revisions were worked out with the judiciary and that the rule now provides a streamlined procedure the statute should reflect.
On the floor Thomas said the change had support from the Statewide Association of Public Attorneys and prosecutors. After discussion, he moved to read SB 30 for a third time; the Senate recorded a vote advancing the bill (25 yes, 0 nay, 4 absent) to third reading.
Why it matters: Sponsors said aligning statute with Rule 40 removes procedural obstacles that have led to overturned convictions and gives law enforcement a clearer, court-approved pathway for remotely communicated warrants. The measure affects criminal-procedure practice and could change how law enforcement obtains certain warrants in time-sensitive situations.
What the bill does: According to the sponsor's floor statement, SB 30 rewrites the remotely communicated search-warrant section to implement the streamlined procedures described in Rule 40. The change is procedural in form but, proponents argue, substantive in effect because it reduces the risk that evidence obtained after an improperly handled process will be excluded.
Next steps: The Senate advanced SB 30 to third reading and will consider final passage at a subsequent floor session or calendar date.
