SALT LAKE CITY, Utah — Computer technology traditionally associated with sending a note to a colleague, inviting friends to a party or purchasing presents on the Internet has expanded to allow Utah police to seek — and within minutes get — permission to search your home or force a blood draw.
The state court system introduced an electronic warrant pilot program this spring. It is available to law enforcement agencies throughout the state and, so far, judges in the 2nd, 3rd, and 5th District courts have been trained to issue the warrants.
Police say not having to travel to see a judge in person saves valuable investigation time and helps them quickly collect and preserve evidence to build a criminal case.
"I don't know how much more user-friendly it can be," said Utah Highway Patrol trooper Brandon Whitehead who has written six e-warrants this year as a member of the DUI squad. "It saves more manpower and completely expedites things."
Officers who have Internet access in their patrol cars or offices can create affidavits in support of a warrant and submit it to a judge via an e-mail request. The judge reviews the affidavit and either denies the warrant, denies the warrant with an explanation or issues the warrant.
Third District Court Judge Robert Hilder has reviewed 75 to 100 e-warrants since June when he began taking part in the pilot program. Hilder usually receives 1 to 2 requests a day and sometimes as many as five from police agencies along the Wasatch Front.
On Monday, Hilder approved an e-warrant request from Cottonwood Heights police investigators seeking permission to seize items allegedly stolen during a retail theft. The warrant introduced the officer and his background, spelled out the alleged crime and provided witness testimony as probable cause for the warrant.
It took the judge about two minutes to review the e-warrant.
"It's good," he said. "I'm going to go back on the [computer] screen and click approved."
Legal requirements to approve and issue an e-warrant are the same as if it were issued in person by a judge.
Hilder has issued e-warrants in rape and assault cases where investigators needed to search a home or vehicle for clothes, weapons or bodily fluids. He has also issued e-warrants to computer crime detectives who want to search a computer's hard drive, as well as police investigating a murder case.
"One-third to one-half are serious crimes," he said.
Many e-warrants are issued where a forced blood draw is needed from an uncooperative DUI suspect.
Over the weekend, Whitehead requested an e-warrant for a forced blood draw on a man arrested for DUI. The warrant was approved in about five minutes. The task would have taken several hours if he had to travel to see a judge in person and have a paper warrant approved.
Whitehead said it was necessary to seek an e-warrant on Saturday because the man had previous DUI arrests and was refusing to submit to field sobriety tests. He needed to get a blood draw quickly because proof of a high blood alcohol content could enhance the charge against the man and would be used as evidence to strength a future criminal case against him, he said.
Whitehead thinks the issuance of e-warrants will eventually begin to spur an increase in conviction rates.
"I think in the next five years we won't see the old type of warrants anymore," Whitehead said. "You save yourself so much work doing it electronically."
Hilder thinks other Utah judges will like the program as it becomes more widely available and when some minor glitches are corrected.
"I think this is an excellent system," he said.
