2018 Bills

HB 83: Restrictions on Forcible Entry Warrants

This bill passed the House with a vote of 68-2 but was not voted on in the Senate.

Libertas Institute supports this bill

Staff review of this legislation finds that it is aligned with our principles and merits support.

It has been said that “the home is a man’s castle,” but this peace and security can too often be disrupted by a forceful entry of law enforcement in the middle of the night. Sometimes, these high-risk warrants are served on the wrong house, resulting in even more of a troublesome situation.

In recent years, the Utah Legislature has restricted the use of these warrants, adding regulations designed to protect both police and the public they serve. This year, Representative Marc Roberts has proposed House Bill 83 which aims to add a few additional measures.

HB 83 clarifies that extra steps need to be taken to ensure that search warrants are served on the right house, during a proper time of day, and without using non-threatening gun ownership as a sole reasoning for physically invading individual property.

Ensuring these high-risk warrants are conducted properly and only when necessary allows for public safety to be ensured while also minimizing accidents and abuse.

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