When a search warrant or administrative warrant is served upon a person in Utah, there are some procedures that must be followed.

Administrative Checkpoint for Vehicles

Photo: Karl Baron

A vehicle may be stopped and the occupants detained when a police officer:

(1) is following the requirements of a search warrant or arrest warrant;
(2) has probable cause to arrest or search;
(3) has reasonable suspicion that criminal activity has occurred or is occurring;
(4) is acting under emergency circumstances; or
(5) is acting pursuant to duly authorized administrative traffic checkpoint authority granted by a magistrate.

Law enforcement may not display a sign that notifies motorists of an administrative traffic checkpoint unless the checkpoint has been approved by a magistrate.

Put Your Brakes On

If you decide to ignore an administrative checkpoint by blazing on past it, you will be guilty of a class B misdemeanor.

Officer-Requested Assistance

When a police officer serves a search warrant, he may request the help of other people in performing the search.

Use of Force in Executing Search Warrant

There are times when law enforcement can use reasonably necessary force in their efforts to serve a search warrant and enter the premises. If a police officer gives notice of his authority and purpose, and he is not responded to promptly, he may use appropriate force to conduct the business of the search warrant. Also, a magistrate may give officers permission to enter a location without notice of their authority and purpose.

Searches on Parolees

You may not know that before a person can be paroled, he must sign an agreement that he will allow himself or his property to be searched, without a warrant, at any time by a parole officer or police officer. Theoretically, this is not to be used as a form of harassment.

Questions Regarding a Search

Don’t hesitate to contact an attorney if you believe you’ve been involved in an inappropriate search by police. Law enforcement has rules to follow, and they need to be held accountable to those rules. You don’t have to just hope that the police do their job the right way. A Utah criminal defense attorney can help you with your legal questions and problems.