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

Posted by Stone River Criminal Defense Team

Last Updated: February 17, 2025

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. […]
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

    Aggravated Murder in Utah: What the Robinson Case Reveals About Utah State Law
    Utah prosecutors have charged Tyler Robinson with aggravated murder in connection with the fatal shooting of Charlie Kirk at Utah Valley University....
    September 16, 2025
    Belnap v. Howard, 2019 UT 9
    Only when the court finds ambiguity in a statute’s plain language, should the court look to legislative history and policy considerations in...
    September 16, 2025
    You’re Always Being Watched. Utah’s Privacy Laws Aren’t Keeping Up.
    In Utah, someone is always watching. It might be your neighbor's doorbell camera. A traffic sensor. A police drone. Or even your own phone, quietly...
    September 15, 2025

    Ready to explore our other articles?