Utah Administrative Code
Topic - Corrections
Title R251 - Administration
Rule R251-710 - Search
Section R251-710-3 - Policy
Universal Citation: UT Admin Code R 251-710-3
Current through Bulletin 2023-24, December 15, 2023
(1) General Regulations
It is the policy of the Department that:
(a) search and seizure activities shall only
be carried out by lawful means.
(2) Visitor Search
It is the policy of the Department that:
(a) the person, personal property, and/or
vehicle of visitors are subject to limited, less-invasive searches by
Department personnel, such as dog sniffs, metal detectors, and viewing the
inside of vehicles, including trunks and compartments, as a condition of
entering and remaining on the premises of the prison;
(b) an officer may seize contraband or
evidence pertinent to an ongoing investigation;
(c) more invasive searches of the person,
personal property, and/or vehicle of visitors may be conducted, and contraband
and evidence pertinent to an ongoing investigation seized therefrom, by
Department personnel upon reasonable suspicion coupled with voluntary
consent;
(d) any visitor who
refuses to give consent to a search based upon reasonable suspicion may be
denied entrance and required to leave the premises of the prison;
(e) the alert of a police service dog shall
constitute probable cause and an involuntary search may be legally
conducted;
(f) mandatory searches
shall be conducted of all vehicles leaving the prison; vehicle trunks and
compartments shall be searched prior to exit;
(g) any person who refuses to give consent to
a search of their vehicle upon exiting prison property shall have their vehicle
detained until a regularly scheduled institutional count has cleared;
(h) notice shall be posted at the entrance to
the prison that persons, their property and vehicles are subject to search
while on prison property;
(i) an
officer may assume the driver of a vehicle is the proprietary possessor and has
the authority to consent to a search of the vehicle;
(j) vendors, construction workers, Department
personnel, or other visitors whose presence is necessary and important to
prison operation may have contraband confiscated and returned upon exiting
prison property, may be asked to leave prison property, or may be
arrested;
(k) all vehicles entering
through a secure perimeter gate shall undergo a thorough search for contraband;
discovery of contraband may result in arrest;
(l) mandatory searches shall be made of all
vehicles accessing the double fence secure perimeters of the facilities;
and
(m) a visitor to the prison who
has an outstanding warrant may be arrested and searched or refused entry to the
prison.
(3) Public Search
It is the policy of the Department that:
(a) the person and property of members of the
general public may be searched, and contraband and evidence pertinent to an
ongoing investigation seized therefrom, by Department personnel pursuant to the
following limitations:
(i) their person,
clothes, personal property, vehicle and residence based upon voluntary
consent;
(ii) their person,
clothes, and personal property immediately associated with their person may be
involuntarily searched;
(A) to the extent
necessary for an officer to determine if a person is carrying weapons, if the
officer has a reasonable suspicion that the person is armed and presently
dangerous to the officer or others;
(B) incident to lawful arrest;
(C) pursuant to a valid search warrant;
or
(D) under exigent
circumstances;
(iii)
their vehicle may be involuntarily searched;
(A) based upon probable cause if the vehicle
is readily mobile;
(B) incident to
lawful arrest if the arrestee can access the passenger compartment of the
vehicle or if failure to search could result in the loss of evidence pertaining
to the crime underlying the arrest;
(C) pursuant to a valid search warrant;
or
(D) pursuant to a vehicle
inventory incident to the lawful impound thereof;
(iv) their residence may be involuntarily
searched;
(A) pursuant to a valid search
warrant;
(B) in the form of a
protective sweep under exigent circumstances; or
(C) at the time of, or incident to, a lawful
arrest of the owner or occupant thereof, but only that portion of the residence
and personal property therein which is in the immediate control of the arrestee
at that time.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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