| (1) |
As used in this section:
Terms Used In Utah Code 77-7-5- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Highway: includes :Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
| (a) |
“Daytime hours” means the hours after 6 a.m. and before 10 p.m. |
| (b) |
“Nighttime hours” means the hours after 10 p.m. and before 6 a.m. |
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| (2) |
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. |
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| (3) |
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 may be made during nighttime hours 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. |
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| (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. |
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| (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 497, 2023 General Session
