Title 77, Title 77: Criminal Procedure

77-21-5. Witnesses not subject to arrest or service of process. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process…

77-22-1. Declaration of necessity. It is declared, as a matter of legislative determination, that it is necessary to grant subpoena powers in aid of criminal investigations and to provide a method of keeping information gained from investigations secret both to protect the innoce…

77-22-2. Investigations -- Right to subpoena witnesses and require production of evidence -- Contents of subpoena -- Rights of witnesses -- Interrogation before closed court -- Disclosure of information. (1) As used in this section, "prosecutor" means the same as that term is def…

77-22-2.5. Court orders for criminal investigations for records concerning an electronic communications system or service or remote computing service -- Content -- Fee for providing information. (1) As used in this section: "Electronic communication" means any transfer of signs, …

77-22-2.5. Court orders for criminal investigations for records concerning an electronic communications system or service or remote computing service -- Content -- Fee for providing information. (1) As used in this section: "Electronic communication" means any transfer of signs, …

77-22-4. Investigation records to be filed with court. In all investigations under Section, the attorney general, county attorney, or district attorney shall maintain and file with the district court the following records of the criminal investigation, unless otherwise ordered by…

77-22-4.5. Prosecutorial authority to compromise an offense regarding a witness. (1) As used in this section, "prosecutor" includes the state attorney general and any assistant, a district attorney and any deputy, a county attorney and any deputy, and a municipal prosecutor and a…

77-22-5. Prosecutorial powers. The powers of this chapter are in addition to any other powers granted to the attorney general or county attorneys.

77-22a-1. Administrative subpoenas -- Controlled substances investigations -- Procedures -- Witness fees. (1) The administrative subpoena process of this chapter may be used only to obtain third party information under circumstances where it is clear that the subpoenaed informati…

77-22a-2. Service of administrative subpoena. (1) A subpoena issued under this section may be served by any person designated in the subpoena for that purpose. Service upon a natural person may be made by personal delivery of the subpoena to the natural person. Service may be mad…

77-22a-3. Compliance with administrative subpoena. (1) In the case of contumacy by or refusal to obey a subpoena issued to any person, the attorney general or a deputy or assistant attorney general or the county attorney or district attorney or the district attorney's deputy may …

77-22b-1. Immunity granted to witness. (1) A witness who refuses, or is likely to refuse, on the basis of the witness's privilege against self-incrimination to testify or provide evidence or information in a criminal investigation, including a grand jury investigation or prosecut…

77-22b-2. Refusal of witness to testify or produce evidence or information. (1) A witness who has been served with notice under Sectionand refuses to comply with the notice may be required to show cause before the district court why the witness should not be compelled to testify …

77-23-101. Title of act. Sectionsthroughmay be cited as the "Administrative Traffic Checkpoint Act."

77-23-102. Definitions. As used in this part: (1) "Administrative traffic checkpoint" means a roadblock procedure where enforcement officers stop all, or a designated sequence of, motor vehicles traveling on highways and roads and subject those vehicles to inspection or testing a…

77-23-103. Circumstances permitting an administrative traffic checkpoint. A motor vehicle may be stopped and the occupants detained by an enforcement officer when the enforcement officer: (1) is acting pursuant to a duly authorized search warrant or arrest warrant; (2) has probab…

77-23-104. Written plan -- Approval of magistrate. (1) An administrative traffic checkpoint may be established and operated upon written authority of a magistrate. (2) A magistrate may issue written authority to establish and operate an administrative traffic checkpoint if: a com…

77-23-104.5. Signs -- Prohibitions. An enforcement officer may not display a sign that notifies motorists of an administrative traffic checkpoint unless the checkpoint is being operated under the authority of a magistrate as provided in Section.

77-23-105. Failure to stop -- Criminal liability. Any person who intentionally and knowingly passes, without stopping as required, any administrative traffic checkpoint operated under the authority of a magistrate as provided in Sectionis guilty of a class B misdemeanor.

77-23-205. Officer may request assistance. An officer who is serving a search warrant may request other persons to assist in conducting the search.

77-23-210. Force used in executing a search warrant -- When notice of authority is required as a prerequisite. (1) No later than July 1, 2015, any law enforcement agency that seeks a warrant under this section shall comply with guidelines and procedures which are, at a minimum, i…

77-23-213. Blood testing. (1) As used in this section: "Law enforcement purpose" means duties that consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of this state's political subdivisions. "Peace…

77-23-301. Warrantless searches regarding persons on parole. (1) An inmate who is eligible for release on parole shall, as a condition of parole, sign an agreement as described in Subsectionthat the inmate, while on parole, is subject to search or seizure of the inmate's person, …

77-23a-1. Short title. This act shall be known and may be cited as the "Interception of Communications Act."

77-23a-10. Application for order -- Authority of order -- Emergency action -- Application -- Entry -- Conditions -- Extensions -- Recordings -- Admissibility or suppression -- Appeal by state. (1) Each application for an order authorizing or approving the interception of a wire, …

77-23a-11. Civil remedy for unlawful interception -- Action for relief. (1) Except under Subsections,, and, a person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover relief as…

77-23a-12. Enjoining a violation -- Civil action by attorney general. (1) When it appears that a person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this chapter or is otherwise prohibited by this chapter, the attorney gene…

77-23a-13. Installation of device when court order required -- Penalty. (1) Except as provided in this section, a person may not install or use a pen register or trap or trace device without previously obtaining a court order under Section, or under federal law. 77-23a-15 (2) Sub…

77-23a-14. Court order for installation -- Application. (1) The attorney general, a deputy attorney general, a county attorney or district attorney, a deputy county attorney or deputy district attorney, or a prosecuting attorney for a political subdivision of the state, or a law …

77-23a-15. Order for installation -- Contents -- Duration -- Extension -- Disclosure. (1) In general, upon an application made under Section, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdi…

77-23a-16. Communications provider -- Cooperation and support services -- Compensation -- Liability defense. (1) Upon the request of an attorney for the government or an officer of a law enforcement agency authorized to install and use pen registers under this chapter, a provider…

77-23a-2. Legislative findings. The Legislature finds and determines that: (1) Wire communications are normally conducted through facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. (2) In order to protec…

77-23a-3. Definitions. As used in this chapter: (1) "Aggrieved person" means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. (2) "Aural transfer" means any transfer containing the human v…

77-23a-4. Offenses -- Criminal and civil -- Lawful interception. (1) Except as otherwise specifically provided in this chapter, any person who violates Subsectionis guilty of an offense and is subject to punishment under Subsection, or when applicable, the person is subject to ci…

77-23a-4.5. Implanting an electronic identification device -- Penalties. (1) A person may not require, coerce, or compel any other individual to undergo or submit to the subcutaneous implanting of a radio frequency identification tag. (2) Any person who violates Subsectionis guil…

77-23a-5. Traffic in intercepting devices -- Offenses -- Lawful activities. (1) Except as otherwise specifically provided in this chapter, any person is guilty of a third degree felony who intentionally: sends through the mail, or sends or carries in intrastate, interstate, or fo…

77-23a-6. Seizure and forfeiture of intercepting devices. Any electronic, mechanical or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of Sectionsand, may be seized and forfeited to the State of Utah.

77-23a-7. Evidence -- Exclusionary rule. When any wire, electronic, or oral communication has been intercepted, no part of the contents of the communication and no evidence derived from it may be received in evidence in any trial, hearing, or other proceeding in or before any cou…

77-23a-8. Court order to authorize or approve interception -- Procedure. (1) The attorney general of the state, any assistant attorney general specially designated by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy district attorney…

77-23a-9. Disclosure or use of intercepted information. (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from any of these, may…

77-23b-1. Definitions. (1) As used in this chapter, "remote computing service" means provision to the public of computer storage or processing services by means of an electronic communications system. (2) The definitions of terms in Sectionapply to this chapter. 77-23a-3

77-23b-2. Interference with access to stored communication -- Offenses -- Penalties. (1) Except under Subsection, a person who obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in the system shall be punished un…

77-23b-3. Revealing stored electronic communication -- Prohibitions -- Penalties. (1) Except under Subsection: (2) the person or entity providing an electronic communications service to the public may not knowingly divulge to any person or entity the contents of a communication w…

77-23b-4. Disclosure by a provider -- Grounds for requiring disclosure -- Court order. (1) A government entity may only require the disclosure by a provider of electronic communication services of the contents of an electronic communication that is in electronic storage in an ele…

77-23b-5. Backup copy of communications -- When required of provider -- Court order -- Procedures. (1) A governmental entity acting under Subsectionmay include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup c…

77-23b-6. Notifying subscriber or customer of court order -- Requested delay -- Grounds -- Limits. (1) The governmental entity acting under Sectionmay: 77-23b-4 if a court order is sought, include in the application a request for an order delaying notification to the subscriber f…