Does a prosecutor have to provide copies of search warrant affidavits?

Under Rule 16 of the Utah Rules of Criminal Procedure (2022), a prosecutor is required to disclose and provide the defense with a copy of any warrant relating to the case. This includes any search warrants. The rule also requires prosecutors to turn over copies of any warrant affidavits filed…
attorney meeting with client at desk

Under Rule 16 of the Utah Rules of Criminal Procedure (2022), a prosecutor is required to disclose and provide the defense with a copy of any warrant relating to the case. This includes any search warrants. The rule also requires prosecutors to turn over copies of any warrant affidavits filed in support of such warrants.

When a judge signs a search warrant in Utah, the court should require an affidavit from the officer seeking it. The affidavit is supposed to set out the facts believed to establish probable cause to justify the warrant. That affidavit must also be provided by the prosecutor to the defense in the criminal case. Just providing a copy of the warrant by itself does not meet the standards required under Rule 16.

Originally Published: November 20, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    The Double-Edged Sword of Plea Bargains in Utah’s Justice System
    Plea bargains are the backbone of Utah’s criminal justice system. In a world where courtrooms are perpetually overcrowded, prosecutors are...
    December 6, 2024
    Failure to Disclose Identity
    We've all seen old World War II movies where German officers stop citizens and ask, "Your papers, please." But did you know "papers" referred to a...
    November 26, 2024
    A Culture of Advocacy
    What Does It Mean That Our Firm Fosters a Culture of Advocacy? At Stone River Law, fostering a culture of advocacy is at the core of our mission....
    November 22, 2024

    Ready to explore our other articles?