Utah Code 77-7-2. Arrest by peace officers
Current as of: 2024 | Check for updates
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A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person:
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 77-7-2
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) for any public offense committed or attempted in the presence of any peace officer; and(1)(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:
(3)(a) flee or conceal himself to avoid arrest;
(3)(b) destroy or conceal evidence of the commission of the offense; or
(3)(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:
(5)(a) subject to a civil removal order issued by an immigration judge;
(5)(b) regarding whom a civil detainer warrant has been issued by the federal Department of Homeland Security; or
(5)(c) who has been charged or convicted in another state with one or more aggravated felonies as defined by 8 U.S.C. § 1101(a)(43).