Title 77, Title 77: Criminal Procedure

77-6-2. Commencement of action for removal. An action for the removal of a justice court judge or officer of a city, county, or other political subdivision of this state shall be commenced by presenting a sworn, written accusation to the district court. The accusation may be init…

77-6-3. Form of accusation. The accusation shall state the grounds for removal in ordinary and concise language.

77-6-4. Presentation of accusation -- Service on defendant. (1) When the accusation is initiated by: a grand jury, the foreperson shall present the accusation to the court in the presence of the grand jurors which shall be filed with the clerk; or a taxpayer, the county attorney,…

77-6-5. Appearance -- Procedure on default. The defendant shall appear at the time appointed and answer the accusation, unless for some sufficient cause the court assigns another time for that purpose. If the defendant does not appear, the court may proceed to hear and determine …

77-6-6. Answer -- Objections for insufficiency. The defendant may orally answer the accusation either by admitting or denying it in open court, or the defendant may, in writing, object to the legal sufficiency of the accusation. If the objection to the sufficiency of the accusati…

77-6-7. Trial on denial or refusal to answer -- Procedure. If the defendant denies the accusation or refuses to answer or appear, the court shall proceed to try the accusation. The rights of the parties and procedures used shall be the same as in any civil proceeding.

77-6-8. Judgment of removal -- Service on defendant. If the defendant admits the accusation or is convicted, the court shall enter judgment against the defendant directing the defendant be removed from office and setting forth the causes of removal. The judgment of removal shall …

77-6-9. Appeal -- Suspension from office. From a judgment of removal an appeal may be taken to the Supreme Court in the same manner as from a judgment in a civil action; but from entry of judgment and until the judgment is reversed, the defendant shall be suspended from the defen…

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 arrest and detention.

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…

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 the peace officer reasonably believes to be the person described in the warrant, without the peace officer having physical…

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 pe…

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, or of good…

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, or who causes the …

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 p…

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 the peace officer reasonably believes the peace officer or any other person is…

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 the peace officer shall either return it if lawfully possessed, or arres…

77-7-17.5. Physical body cavity search policy -- Requirements. (1) As used in this section: "Arrestee" means an individual who is in the custody of law enforcement for an offense for which the individual has not been convicted. "Body cavity" includes the anus, rectum, vagina, eso…

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)…

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 under Sectionshall appear in the court designated in the citation on or before the time and date specifie…

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; and as used in this Subsection, "presence" includes …

77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing -- Contents of citations. (1) Except as provided in Subsection, a peace officer or other authorized official who issues a citation pursuant to Sectionshall give the citation to the individual cited …

77-7-21. Proceeding on citation -- Voluntary payment of recommended fine amount -- Parent signature required -- Information, when required. (1) 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…

77-7-23. Delivery of an individual arrested without a warrant to a magistrate -- Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor. (1) If an arrest is made without a warrant by a peace officer, the individual who has been arrested shall be t…

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, that is punishable as a misdemeanor is immediately taken before a magistrate as provided under Sectio…

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 violation of this ch…

77-7-26. Improper disposition or cancellation of notice to appear or traffic citation -- Official misconduct -- Misdemeanor. (1) It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of: a notice to appear; or traffic citation…

77-7-27. Quotas for arrest, citation prohibited. (1) As used in this section: "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. "Law…

77-7-3. Temporary detention made by a private individual. (1) A private individual may temporarily detain another individual: for a public offense committed or attempted in the private individual's presence; or when a felony has been committed and the private individual has reaso…

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 orall…

77-7-5. Issuance of summons or warrant -- Time and place arrests may be made -- Contents of warrant or summons -- Responsibility for transporting prisoners. (1) As used in this section: "Daytime hours" means the hours after 6 a.m. and before 10 p.m. "Interstate compact supervised…

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: there is reason to believe the notice will endanger the life or safety of the off…

77-7-7. Use of force in making an arrest by a law enforcement officer. (1) If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the law enforcement officer making the arrest may use reasonable force to effect the ar…

77-7-7.1. Use of force in making a temporary detention by a private individual. (1) If a private individual temporarily detains another individual under Section, the private individual may use reasonable force to effect the temporary detention of the other individual if: 77-7-3 t…

77-7-8. Forcible entry to conduct search or make arrest -- Conditions requiring a warrant. (1) As used in this section: "Daytime hours" means the same as that term is defined in Section. 77-7-5 "Forcibly enter" means entering any premises by force. "Knock" means to knock with rea…

77-7-8.1. Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants. (1) As used in this section: "Daytime hours" means the same as that term is defined in Section. 77-7-5 "Forcibly enter" means the same as that term is defined in Section. 77-7-8 "…

77-7-8.5. Use of tactical groups -- Reporting requirements. (1) As used in this section: "Reportable incident" means: the deployment of a tactical group; or law enforcement officers who serve a search warrant after using forcible entry. "Reportable incident" does not mean a force…

77-7-9. Weapons may be taken from prisoner. Any person making an arrest may seize from the person arrested all weapons which the person arrested may have on or about his or her person.

77-7a-102. Body-worn cameras -- Written policies and procedures. (1) Any law enforcement agency that uses body-worn cameras shall have a written policy governing the use of body-worn cameras that is consistent with the provisions of this chapter. (2) Any written policy regarding …

77-7a-103. Definitions. (1) "Body-worn camera" means a video recording device that is carried by, or worn on the body of, a law enforcement officer and that is capable of recording the operations of the officer. "Body-worn camera" does not include a dashboard mounted camera or a …

77-7a-104. Activation and use of body-worn cameras. (1) As used in this section: "Health care facility" means the same as that term is defined in Section. 78B-3-403 "Health care provider" means the same as that term is defined in Section. 78B-3-403 "Hospital" means the same as th…

77-7a-104. Activation and use of body-worn cameras. (1) As used in this section: "Health care facility" means the same as that term is defined in Section. 78B-3-403 "Health care provider" means the same as that term is defined in Section. 78B-3-403 "Hospital" means the same as th…

77-7a-104.1. Adverse inference jury instruction. (1) As used in this section, "adverse inference instruction" means an instruction that: is provided to a jury in accordance with Utah Rules of Criminal Procedure, Rule 19; and directs the jury that an officer's failure to comply wi…

77-7a-105. Notice and privacy. (1) An officer with a body-worn camera shall give notice, when reasonable under the circumstances: to: the occupants of a private residence in which the officer enters and in which a body-worn camera is in use; or a health care provider present at a…

77-7a-106. Prohibited Activities. An officer is prohibited from: (1) using a body-worn camera for personal use; (2) making a personal copy of a recording created while on duty or acting in an official capacity as a law enforcement officer; (3) retaining a recording of any activit…

77-7a-107. Retention and release of recordings. (1) Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be retained in accordance with applicable federal, state, and local laws. Any recording made by an of…