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
77-7-10. 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 […]
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. Enacted by Chapter 15, 1980 General Session
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 […]
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 […]
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 […]
Effective 5/14/2019 77-7-15. Authority of peace officer to stop and question suspect — Grounds. A peace officer may stop any individual in a public place when the officer has a reasonable suspicion to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may […]
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. Enacted by Chapter 15, 1980 General Session
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. Enacted by Chapter 15, 1980 General Session
Effective 5/14/2019 77-7-17.5. Physical body cavity search policy — Requirements. (1) As used in this section: (a) “Arrestee” means an individual who is in the custody of law enforcement for an offense for which the individual has not been convicted. (b) (i) “Body cavity” includes the anus, rectum, vagina, esophagus, or stomach. (ii) “Body cavity” […]
Effective 5/1/2018 77-7-18. Citation on misdemeanor or infraction charge. (1) Any person subject to arrest or prosecution on a misdemeanor or infraction charge may be issued and delivered a citation that requires the person to appear at the court of the magistrate with territorial jurisdiction. (2) The following may issue the citation described in Subsection […]
Effective 10/1/2020 77-7-19. Appearance required by citation — Arrest for failure to appear — Transfer of cases — Disposition of fines and costs. (1) An individual receiving a citation issued pursuant to Section 77-7-18 shall appear in the court designated in the citation on or before the time and date specified in the citation unless: […]
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 […]
Effective 5/5/2021 77-7-20. Service of citation on defendant — Filing in court — Electronic filing — Contents of citations. (1) Except as provided in Subsection (4), a peace officer or other authorized official who issues a citation pursuant to Section 77-7-18 shall give the citation to the individual cited and shall, within five business days, […]
Effective 7/1/2021 77-7-21. Proceeding on citation — Voluntarily remitting a fine — Parent signature required — Information, when required. (1) (a) A citation filed with the court may, with the consent of the defendant, serve in lieu of an information to which the defendant may plead guilty or no contest to the charge or charges […]
Effective 5/8/2018 77-7-23. Delivery of prisoner arrested without warrant to magistrate — Transfer to court with jurisdiction — Transfer of duties — 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 […]
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, […]
Effective 5/10/2016 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 […]
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 […]
Effective 5/8/2018 77-7-27. Quotas for arrest, citation prohibited. (1) As used in this section: (a) “Law enforcement agency” means an entity of the state, or a political subdivision of the state, that exists primarily to prevent and detect crime and enforce criminal laws, statutes, or ordinances. (b) “Law enforcement quota” means any requirement or minimum […]
