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Senate approves restrictions on 'no‑knock' entries, requires written agency policies

Utah State Senate · March 2, 2015
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Summary

First substitute to SB 82 requires law‑enforcement agencies to adopt written forcible‑entry policies, identify officers when possible and address body‑worn cameras; amendment barred no‑knock raids for simple possession and paraphernalia and the amended bill passed on the floor.

Senator Jay Urquhart sponsored a floor amendment and moved first substitute Senate Bill 82, a set of amendments that regulate forcible entry and no‑knock warrants.

Urquhart told colleagues the bill requires law‑enforcement agencies to establish written policies governing forcible entry, identify officers and address body‑worn camera use where available. ‘‘What we're saying down on 57 is that this deals with the no knock. We're saying they're they're not gonna go in on a no knock raid, for possession or use of a controlled substance or for possession of drug paraphernalia. Now they can still go for distribution,’’ Urquhart said.

The sponsor said the measure is primarily focused on restricting ‘‘no‑knock’’ practices while preserving police ability to conduct emergency entries under established policy. He emphasized the bill respects local policy‑making by directing agencies to adopt and comply with their own written policies and to post them publicly.

Senators asked whether the bill would impede ordinary search warrants and were reassured the changes apply primarily to no‑knock entries; a knock‑and‑announce approach remains available after waiting a reasonable period. The Senate adopted amendment 2 under Urquhart's name and then passed the first substitute by roll‑call: first substitute SB 82 received 26 'aye' votes, 0 'nay', 3 absent and will be read for a third time.

Next step: the amended bill advances to third reading for final consideration.