Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.

(1) As used in this section: (a) "Daytime hours" means the same as that term is defined in Section 77-7-5. (b) "Forcibly enter" means the same as that term is defined in Section 77-7-8. (c) "Nighttime hours" means the same as that term is defined in Section 77-7-5. (d) "No-knock warrant" means a lawful search warrant that authorizes entry onto a premises without notice to any occupant on the premises at the time of service. (e) "Supervisory official" means the same as that term is defined in Section 77-7-8. (f) "Peace officer" means the same as that term is defined in Section 53-1-102. (g) "Premises" means any property, building, room, conveyance, compartment, or other enclosure. (2) Subject to the provisions of this section, a peace officer serving a lawful no-knock warrant may forcibly enter a premises to be searched without notice. (3) Before seeking a no-knock warrant from a judge or magistrate under Subsection (2), a supervisory official shall, using the peace officer's affidavit: (a) independently perform an assessment to evaluate the totality of the circumstances; (b) ensure reasonable intelligence gathering efforts have been made; (c) ensure a threat assessment was completed on the individual or premises to be searched; and (d) determine either that there is a sufficient basis to support seeking a warrant or require that the peace officer continue evidence gathering efforts. (4) (a) The affidavit for a no-knock warrant shall describe: (i) why the peace officer believes the suspect is unable to be detained or the residence searched using less invasive or less confrontational methods; (ii) investigative activities that have been undertaken to ensure that the correct premises is identified and that potential harm to innocent third parties, the premises, and officers may be minimized; or (iii) the present or imminent threat of serious bodily injury or death to an individual inside, outside, or in near proximity to the premises. (b) A peace officer shall serve a no-knock warrant during daytime hours unless a peace officer's affidavit states sufficient grounds to believe a search is necessary during nighttime hours. (5) An officer shall wear readily identifiable markings when serving a no-knock warrant, including a badge and vest or clothing with a distinguishing label or other writing that shows that the individual is a peace officer. (6) Notwithstanding any other provision of this chapter, a peace officer may not request a no-knock warrant if the warrant is solely for a misdemeanor investigation.