Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Procedure topic
No spam. Unsubscribe anytime.
Senate advances forcible‑entry bill to set standards for warrants and minimize wrong‑door entries
Summary
Second substitute House Bill 70 tightens standards for forcible entry and 'no‑knock' circumstances by urging magistrates to find probable cause and directing officers to minimize the risk of entering the wrong premises; sponsors said the legislation clarifies standards without banning forcible entry, and the bill moved to final passage under suspension of rules.
Senator Robles presented second substitute House Bill 70 after months of stakeholder work with law enforcement and other groups. The bill adds standards to guide forcible entry and no‑knock warrants, raising the magistrate’s standard for certain no‑knock situations to probable cause when evidence could be quickly destroyed, and requiring steps to reduce the chance of entering the wrong dwelling.
"We're simply trying to introduce standards of caution to make sure it's done when absolutely necessary and that we have the correct home among other things when the forcible entry is performed," Robles said. The sponsor emphasized the bill does not eliminate the use of forcible entry but seeks to align warrants with Utah Rules of Criminal Procedure and require only the degree of force reasonable and necessary.
Senators noted the bill had broad stakeholder input and near‑unanimous committee support. The Senate waived the three‑reading requirement and proceeded to a roll call toward final passage.
