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Chapter 7 Arrest, by Whom, and How Made

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Chapter 7 Arrest, by Whom, and How Made Utah Code Chapter 7 Arrest, by Whom, and How Made 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. Enacted by Chapter 15, 1980 General Session 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) (a) for any public offense committed or attempted in the presence of any peace officer; and (b) as used in this Subsection (1), "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 the peace officer 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 the peace officer 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; (4) when the peace officer has reasonable cause to believe the person has committed the offense of failure to disclose identity under Section 76-8-301.5; or (5) when the peace officer has reasonable cause to believe that the person is an alien: (a) subject to a civil removal order issued by an immigration judge; (b) regarding whom a civil detainer warrant has been issued by the federal Department of Homeland Security; or (c) who has been charged or convicted in another state with one or more aggravated felonies as defined by 8 U.S.C. Sec. 1101(a)(43). Amended by Chapter 18, 2011 General Session Amended by Chapter 21, 2011 General Session 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. Enacted by Chapter 15, 1980 General Session 77-7-4 Magistrate may orally order arrest. Page 1 Utah Code 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. Enacted by Chapter 15, 1980 General Session 77-7-5 Issuance of summons or warrant -- Time and place arrests may be made -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court clerk to dispense costs for transportation. (1) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of the accused only upon finding: (a) probable cause to believe that the person to be arrested has committed a public offense; and (b) under the Utah Rules of Criminal Procedure, and this section that a warrant is necessary to: (i) prevent risk of injury to a person or property; (ii) secure the appearance of the accused; or (iii) protect the public safety and welfare of the community or an individual. (2) 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. (3) 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. (4) (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 (4)(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 (4)(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: Page 2 Utah Code (A) account for a cost paid under Subsection 76-3-201(4)(b) for government transportation; and (B) dispense money collected by the court under Subsection (4)(c)(ii)(A) to the law enforcement agency responsible for the transportation of a convicted defendant. (5) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and legal holidays if a warrant issued in accordance with this section is an extradition warrant. (6) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall report any changes to the status of a warrant issued in accordance with this section to the Bureau of Criminal Identification. Amended by Chapter 260, 2021 General Session 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 deaf or hard of hearing person, as defined in Subsection 78B-1-201(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 deaf or hard of hearing 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 deaf or hard of hearing 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 (2) is a factor to be considered by any court when evaluating whether statements of a deaf or hard of hearing person were made knowingly, voluntarily, and intelligently. Amended by Chapter 43, 2017 General Session 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. Enacted by Chapter 15, 1980 General Session 77-7-8 Forcible entry to conduct search or 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 located, or in which there is probable cause for believing the person to be. Page 3 Utah Code (b) Before making the forcible entry, the officer shall: (i) identify himself or herself as a law enforcement officer; (ii) demand admission; (iii) wait a reasonable period of time for an occupant to admit access; and (iv) explain the purpose for which admission is desired. (c) (i) The officer need not give a demand and explanation, or identify himself or herself, before making a forcible entry under the exceptions in Section 77-7-6 or where there is probable cause to believe evidence will be easily or quickly destroyed. (ii) The officer shall identify himself or herself and state the purpose for entering the premises as soon as practicable after entering the premises. (d) The officer may use only that force which is reasonable and necessary to effectuate forcible entry under this section. (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.
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