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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-7-1 "Arrest" defined - Restraint allowed.
An arrest is an actual restraint of the person arrested
or submission to custody. The person shall not be subjected
to any more restraint than is necessary for his arrest and
detention.
1980
77-7-2 Arrest by peace officers.
A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person:
(1) for any public offense committed or attempted in the presence of any peace officer; "presence" includes all of the physical senses or any device that enhances the acuity, sensitivity, or range of any physical sense, or records the observations of any of the physical senses;
(2) when he has reasonable cause to believe a felony or a class A misdemeanor has been committed and has reasonable cause to believe that the person arrested has committed it;
(3) when he has reasonable cause to believe the person has committed a public offense, and there is reasonable cause for believing the person may:
(a) flee or conceal himself to avoid arrest;
(b) destroy or conceal evidence of the commission of the offense; or
(c) injure another person or damage property belonging
to another person.
1999
77-7-3 By private persons.
A private person may arrest another:
(1) For a public offense committed or attempted in his presence; or
(2) When a felony has been committed and he has reasonable
cause to believe the person arrested has committed it.
1980
77-7-4 Magistrate may orally order arrest.
A magistrate may orally require a peace officer to arrest
anyone committing or attempting to commit a public offense
in the presence of the magistrate, and, in the case of an
emergency, when probable cause exists, a magistrate may orally
authorize a peace officer to arrest a person for a public
offense, and thereafter, as soon as practical, an information
shall be filed against the person arrested.
1980
77-7-5 Issuance of warrant - Time and place arrests may be made - Contents of warrant - Responsibility for transporting prisoners - Court clerk to dispense restitution for transportation.
(1) A magistrate may issue a warrant for arrest upon finding probable cause to believe that the person to be arrested has committed a public offense. If the offense charged is:
(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b) a misdemeanor, the arrest upon a warrant can be made at night only if:
(i) the magistrate has endorsed authorization to do so on the warrant;
(ii) the person to be arrested is upon a public highway, in a public place, or in a place open to or accessible to the public; or
(iii) the person to be arrested is encountered by a peace officer in the regular course of that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for arrest.
(2) For the purpose of Subsection (1):
(a) daytime hours are the hours of 6 a.m. to 10 p.m.; and
(b) nighttime hours are the hours after 10 p.m. and before 6 a.m.
(3) (a) If the magistrate determines that the accused must appear in court, the magistrate shall include in the arrest warrant the name of the law enforcement agency in the county or municipality with jurisdiction over the offense charged.
(b) (i) The law enforcement agency identified by the magistrate under Subsection (3)(a) is responsible for providing inter-county transportation of the defendant, if necessary, from the arresting law enforcement agency to the court site.
(ii) The law enforcement agency named on the warrant may contract with another law enforcement agency to have a defendant transported.
(c) (i) The law enforcement agency identified by the magistrate under Subsection (a) as responsible for transporting the defendant shall provide to the court clerk of the court in which the defendant is tried, an affidavit stating that the defendant was transported, indicating the law enforcement agency responsible for the transportation, and stating the number of miles the defendant was transported.
(ii) The court clerk shall account for restitution paid
under Subsection
76-3-201
(5) for governmental transportation expenses
and dispense restitution monies collected by the court to
the law enforcement agency responsible for the transportation
of a convicted defendant.
2002
77-7-6 Manner of making arrest.
(1) The person making the arrest shall inform the person being arrested of his intention, cause, and authority to arrest him. Such notice shall not be required when:
(a) there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;
(b) the person being arrested is actually engaged in the commission of, or an attempt to commit, an offense; or
(c) the person being arrested is pursued immediately after the commission of an offense or an escape.
(2) (a) If a hearing-impaired person, as defined in Subsection 78-24a-1 (2), is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall assess the communicative abilities of the hearing-impaired person and conduct this notification, and any further notifications of rights, warnings, interrogations, or taking of statements, in a manner that accurately and effectively communicates with the hearing-impaired person including qualified interpreters, lip reading, pen and paper, typewriters, computers with print-out capability, and telecommunications devices for the deaf.
(b) Compliance with this subsection is a factor to be
considered by any court when evaluating whether statements
of a hearing-impaired person were made knowingly, voluntarily,
and intelligently.
1995
77-7-7 Force in making arrest.
If a person is being arrested and flees or forcibly resists
after being informed of the intention to make the arrest,
the person arresting may use reasonable force to effect the
arrest. Deadly force may be used only as provided in Section
76-2-404
.
1980
77-7-8 Forcible entry to make arrest - Conditions requiring a warrant.
(1) (a) Subject to Subsection (2), a peace officer when making an arrest may forcibly enter the building in which the person to be arrested is, or in which there are reasonable grounds for believing him to be.
(b) Before making the forcible entry, the officer shall demand admission and explain the purpose for which admission is desired.
(c) The officer need not give a demand and explanation before making a forcible entry under the exceptions in Section 77-7-6 or where there is reason to believe evidence will be secreted or destroyed.
(2) If the building to be entered under Subsection (1) appears to be a private residence or the officer knows the building is a private residence, and if there is no consent to enter or there are no exigent circumstances, the officer shall, before entering the building:
(a) obtain an arrest or search warrant if the building is the residence of the person to be arrested; or
(b) obtain a search warrant if the building is a residence,
but not the residence of the person whose arrest is sought.
2003
77-7-9 Weapons may be taken from prisoner.
Any person making an arrest may seize from the person
arrested all weapons which he may have on or about his person.
1980
77-7-10 Telegraph or telephone authorization of execution of arrest warrant.
Any magistrate may, by an endorsement on a warrant of
arrest, authorize by telegraph, telephone or other reasonable
means, its execution. A copy of the warrant or notice of
its issuance and terms may be sent to one or more peace officers.
The copy or notice communicated authorizes the officer to
proceed in the same manner under it as if he had an original
warrant.
1980
77-7-11 Possession of warrant by arresting officer not required.
Any peace officer who has knowledge of an outstanding
warrant of arrest may arrest a person he reasonably believes
to be the person described in the warrant, without the peace
officer having physical possession of the warrant.
1980
77-7-12 Detaining persons suspected of shoplifting or library theft - Persons authorized.
(1) A peace officer, merchant, or merchant's employee, servant, or agent who has reasonable grounds to believe that goods held or displayed for sale by the merchant have been taken by a person with intent to steal may, for the purpose of investigating the unlawful act and attempting to effect a recovery of the goods, detain the person in a reasonable manner for a reasonable length of time.
(2) A peace officer or employee of a library may detain
a person for the purposes and under the limits of Subsection
(1) if there are reasonable grounds to believe the person
violated Title 76, Chapter 6, Part 8, Library Theft.
1987
77-7-13 Arrest without warrant by peace officer - Reasonable grounds, what constitutes - Exemption from civil or criminal liability.
(1) A peace officer may arrest, without warrant, any person the officer has reasonable ground to believe has committed a theft under Title 76, Chapter 6, Part 8, Library Theft, or of goods held or displayed for sale.
(2) A charge of theft made to a peace officer under Part
8, Library Theft, by an employee of a library, or by a merchant,
merchant's employee, servant, or agent constitutes a reasonable
ground for arrest, and the peace officer is relieved from
any civil or criminal liability.
1998
77-7-14 Person causing detention or arrest of person suspected of shoplifting or library theft - Civil and criminal immunity.
(1) A peace officer, merchant, or merchant's employee, servant, or agent who causes the detention of a person as provided in Section 77-7-12 , or who causes the arrest of a person for theft of goods held or displayed for sale, is not criminally or civilly liable where he has reasonable and probable cause to believe the person detained or arrested committed a theft of goods held or displayed for sale.
(2) A peace officer or employee of a library who causes
a detention or arrest of a person under Title 76, Chapter
6, Part 8, Library Theft, is not criminally or civilly liable
where he has reasonable and probable cause to believe that
the person committed a theft of library materials.
1987
77-7-15 Authority of peace officer to stop and question suspect - Grounds.
A peace officer may stop any person in a public place
when he has a reasonable suspicion to believe he has committed
or is in the act of committing or is attempting to commit
a public offense and may demand his name, address and an
explanation of his actions.
1980
77-7-16 Authority of peace officer to frisk suspect for dangerous weapon - Grounds.
A peace officer who has stopped a person temporarily for
questioning may frisk the person for a dangerous weapon if
he reasonably believes he or any other person is in danger.
1980
77-7-17 Authority of peace officer to take possession of weapons.
A peace officer who finds a dangerous weapon pursuant
to a frisk may take and keep it until the completion of the
questioning, at which time he shall either return it if lawfully
possessed, or arrest such person.
1980
77-7-18 Citation on misdemeanor or infraction charge.
A peace officer, in lieu of taking a person into custody,
any public official of any county or municipality charged
with the enforcement of the law, a port-of-entry agent as
defined in Section
72-1-102
, and a volunteer authorized to issue a citation
under Section
41-6a-213
may issue and deliver a citation requiring
any person subject to arrest or prosecution on a misdemeanor
or infraction charge to appear at the court of the magistrate
before whom the person should be taken pursuant to law if
the person had been arrested.
2005
77-7-19 Appearance required by citation - Arrest for failure to appear - Transfer of cases - Motor vehicle violations - Disposition of fines and costs.
(1) Persons receiving misdemeanor citations shall appear before the magistrate designated in the citation on or before the time and date specified in the citation unless the uniform bail schedule adopted by the Judicial Council or Subsection 77-7-21 (1) permits forfeiture of bail for the offense charged.
(2) A citation may not require a person to appear sooner than five days or later than 14 days following its issuance.
(3) A person who receives a citation and who fails to comply with Section 77-7-21 on or before the time and date and at the court specified is subject to arrest. The magistrate may issue a warrant of arrest.
(4) Except where otherwise provided by law, a citation or information issued for violations of Title 41, Motor Vehicles, shall state that the person receiving the citation or information shall appear before the magistrate who has jurisdiction over the offense charged.
(5) Any justice court judge may, upon the motion of either the defense attorney or prosecuting attorney, based on a lack of territorial jurisdiction or the disqualification of the judge, transfer cases to a justice court with territorial jurisdiction or the district court within the county.
(6) (a) Clerks and other administrative personnel serving the courts shall ensure that all citations for violation of Title 41, Motor Vehicles, are filed in a court with jurisdiction and venue and shall refuse to receive citations that should be filed in another court.
(b) Fines, fees, costs, and forfeitures imposed or collected for violations of Title 41, Motor Vehicles, which are filed contrary to this section shall be paid to the entitled municipality or county by the state, county, or municipal treasurer who has received the fines, fees, costs, or forfeitures from the court which collected them.
(c) The accounting and remitting of sums due shall be
at the close of the fiscal year of the municipality or county
which has received fines, fees, costs, or forfeitures as
a result of any improperly filed citations.
2001
77-7-20 Service of citation on defendant - Filing in court - Contents of citations.
(1) If a citation is issued pursuant to Section 77-7-18 , the peace officer or public official shall issue one copy to the person cited and shall within five days file a duplicate copy with the court specified in the citation.
(2) Each copy of the citation issued under authority of this chapter shall contain:
(a) the name of the court before which the person is to appear;
(b) the name of the person cited;
(c) a brief description of the offense charged;
(d) the date, time and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate;
(g) the time and date on or before and after which the person is to appear;
(h) the address of the court in which the person is to appear;
(i) a certification above the signature of the officer issuing the citation in substantially the following language: "I certify that a copy of this citation or information (Summons and Complaint) was duly served upon the defendant according to law on the above date and I know or believe and so allege that the above-named defendant did commit the offense herein set forth contrary to law. I further certify that the court to which the defendant has been directed to appear is the proper court pursuant to Section 77-7-21 ."; and
(j) a notice containing substantially the following language: READ CAREFULLY
This citation is not an information and will not be used
as an information without your consent. If an information
is filed you will be provided a copy by the court. You MUST
appear in court on or before the time set in this citation.
IF YOU FAIL TO APPEAR AN INFORMATION WILL BE FILED AND THE
COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
1980
77-7-21 Proceeding on citation - Voluntary forfeiture of bail - Parent signature required - Information, when required.
(1) (a) A copy of the citation issued under Section 77-7-18 that is filed with the magistrate may be used in lieu of an information to which the person cited may plead guilty or no contest and be sentenced or on which bail may be forfeited.
(b) With the magistrate's approval, a person may voluntarily forfeit bail without appearance being required in any case of a class B misdemeanor or less.
(c) Voluntary forfeiture of bail shall be entered as a conviction and treated the same as if the accused pleaded guilty.
(d) If the person cited is under 18 years of age, and if any of the charges allege a violation of Title 41, the court shall promptly mail a copy of the citation or a notice of the citation to the address as shown on the citation, to the attention of the parent or guardian of the defendant.
(2) An information shall be filed and proceedings held in accordance with the Rules of Criminal Procedure and all other applicable provisions of this code if the person cited:
(a) willfully fails to appear before a magistrate pursuant to a citation issued under Section 77-7-18 ;
(b) pleads not guilty to the offense charged; or
(c) does not deposit bail on or before the date set for the person's appearance.
(3) (a) The information is an original pleading.
(b) If a person cited waives by written agreement the
filing of the information, the prosecution may proceed on
the citation.
1994
77-7-22 Failure to appear as misdemeanor.
Any person who willfully fails to appear before a court
pursuant to a citation issued under the provisions of Section
77-7-18
is guilty of a class B misdemeanor, regardless
of the disposition of the charge upon which he was originally
cited.
1980
77-7-23 Delivery of prisoner arrested without warrant to magistrate - Transfer to court with jurisdiction - Violation as misdemeanor.
(1) (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested shall be taken without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred, except under Subsection (2). An information stating the charge against the person shall be made before the magistrate.
(b) If the justice court judge of the precinct or municipality or the district court judge is not available, the arrested person shall be taken before the magistrate within the same county who is nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may act as committing magistrate for arraigning the accused, setting bail, or issuing warrants.
(2) If the arrested person under Subsection (1) must be transported from jail to a magistrate, the person may be taken before the magistrate nearest to the jail rather than the magistrate specified in Subsection (1) for arraignment, setting bail, or issuing warrants.
(3) The case shall then be transferred to the court having jurisdiction. This section does not confer jurisdiction upon a court unless otherwise provided by law.
(4) Any officer or person violating this section is guilty
of a class B misdemeanor.
1997
77-7-24 Notice to appear in court - Contents - Promise to comply - Signing - Release from custody - Official misconduct.
(1) If a person who is arrested for a violation of Title 41, Chapter 6a, Traffic Code, that is punishable as a misdemeanor is immediately taken before a magistrate as provided under Section 77-7-23 , the peace officer shall prepare, in triplicate or more copies, a written notice to appear in court containing:
(a) the name and address of the person;
(b) the number, if any, of the person's driver license;
(c) the license plate number of the person's vehicle;
(d) the offense charged; and
(e) the time and place the person shall appear in court.
(2) The time specified in the notice to appear must be at least five days after the arrest of the person unless the person demands an earlier hearing.
(3) The place specified in the notice to appear shall be made before a magistrate of competent jurisdiction in the county in which the alleged violation occurred.
(4) (a) In order to secure release as provided in this section, the arrested person shall promise to appear in court by signing at least one copy of the written notice prepared by the arresting officer.
(b) The arresting peace officer shall immediately:
(i) deliver a copy of the notice to the person promising to appear; and
(ii) release the person arrested from custody.
(5) A peace officer violating any of the provisions of this section shall be:
(a) guilty of misconduct in office; and
(b) subject to removal from office.
2005
77-7-25 Keeping of records - Making and forwarding of abstract upon conviction or forfeiture of bail - Form and contents - Official misconduct.
(1) A magistrate or judge of a court shall keep a full record of each case in which a person is charged with:
(a) a violation of this chapter; or
(b) any other law regulating the operation of a motor vehicle on the highway.
(2) (a) Within ten days after the conviction or forfeiture of bail of a person on a charge of violating a provision of this chapter or other law regulating the operation of a motor vehicle on the highway, the magistrate of the court or clerk of the court in which the conviction was made or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was convicted or forfeited bail.
(b) The abstract shall be certified by the person required to prepare the abstract to be true and correct.
(c) A report under this Subsection (2) is not required for a conviction involving the illegal parking or standing of a vehicle.
(3) The abstract must be made in a manner specified by the Driver License Division and shall include the:
(a) name and address of the party charged;
(b) number, if any, of the person's driver license;
(c) license plate number of the vehicle involved;
(d) nature of the offense;
(e) date of hearing;
(f) plea;
(g) judgment, or whether bail was forfeited; and
(h) amount of the fine or forfeiture.
(4) A court shall provide a copy of the report to the Driver License Division on the conviction of a person of manslaughter or other felony in which a vehicle was used.
(5) The failure, refusal, or neglect of a judicial officer to comply with the requirements of this section constitutes misconduct in office and is grounds for removal.
(6) The Driver License Division shall classify and disclose
all abstracts received in accordance with Section
53-3-109
.
2005
77-7-26 Improper disposition or cancellation of notice to appear or traffic citation - Official misconduct - Misdemeanor.
(1) (a) It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of:
(i) a notice to appear; or
(ii) traffic citation.
(b) The provisions of Subsection (1)(a) do not apply if the disposal is done with the consent of the magistrate before whom the arrested person was to appear.
(2) A person who cancels or solicits the cancellation
of a notice to appear or a traffic citation, in any manner
other than as provided by law, is guilty of a class B misdemeanor.
2005
