URCrP 40

Advisory Committee Notes

Terms used are intended to be interpreted liberally in order to facilitate remote communications as a means of applying for and issuing search warrants while at the same time preserving the integrity of the probable cause application and the terms of warrants that are authorized.

(a) This section is adapted from former Sec. 77-23-201 Utah Code Ann.

(b) This section is adapted from former Sec. 77-23-202 Utah Code Ann.

(c) This section is adapted from former Sec. 77-23-203 Utah Code Ann.

(d) This section is adapted from former Sec. 77-23-204 Utah Code Ann.

(e) This section is adapted from former Sec. 77-23-205 Utah Code Ann.

(f) This section is adapted from former Sec. 77-23-206 Utah Code Ann. The statute contained the words “Failure to give or leave a receipt does not render the evidence seized inadmissible at trial.” This rule is not a departure from that original legislative intent. While the committee did not consider it necessary to address admissibility in a procedural rule, the elimination of that language does not suggest that failure to comply with the receipt requirement should be a basis for exclusion of the evidence seized.

(g) This section is adapted from former Sec. 77-23-207 Utah Code Ann.

(h) This section is adapted from former Sec.77-23-208 Utah Code Ann.

(i) Subsection (1) is added in compliance with the order of the Utah Supreme Court in Anderson v. Taylor, 2006 UT 79. Subsection (2) is added to allow for a planned electronic search warrant system operated by the Utah Bureau Of Criminal Identification, or other systems which might be employed by a magistrate. This provision supercedes the supervisory orders of the Court in Anderson v. Taylor for that purpose. (j) This section is adapted from former Sec. 77-23-210(2) Utah Code Ann.

(k) This section is adapted from former Sec. 77-23-211 Utah Code Ann.

(l) This section was formerly Rule 40 Remotely Communicated Search Warrants. Terms used are intended to be interpreted liberally in order to facilitate remote communications as a means of applying for and issuing search warrants while at the same time preserving the integrity of the probable cause application and the terms of warrants that are authorized.

(m) (New section)