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

    El Zona Gris de la Paraphernalia de Drogas en Utah
    En Utah, el concepto de parafernalia de drogas no es tan negro y blanco como muchos podrían suponer. Mientras la mayoría de la gente imagina...
    June 20, 2025
    Unlawful Discharge of a Firearm in Utah: What You Need to Know
    Firing a gun in the wrong place or at the wrong time can lead to serious charges in Utah—even if no one gets hurt.
    June 18, 2025
    State v. Christensen: Motion to Sever
    A Motion to sever is granted when it is believed that different defendants or charges need to be tried separately. In the recent Utah Court of...
    June 18, 2025

    Ready to explore our other articles?