Utah Warrant Search – Outstanding & Active Warrants in UT

On the matter of the issuance of arrest warrants, the Utah Code 77-7-5 states that upon the finding of probable cause, the magistrate who is presiding over the pre-warrant hearing may issue an active warrant against the accused named in the complaint. The law further goes on to explain the time of serving such orders which are given as:

• Felony arrest warrants can be served at any time of the day or night
• A misdemeanor arrest can be made at night only if night service has been endorsed on the warrant by the issuing magistrate.
• A warrant for misdemeanor may also be served at night if the accused is found in a public place or if he is discovered during the course of the investigation of another crime that is unrelated to the charges brought against the accused.
• In all other scenarios, warrants of arrest issued in misdemeanor cases will only be served during the daytime which is defined as the period between 6 am and 10 pm.
• Bench warrants can also be served at anytime as long as the accused is found in the county in which the order was issued.
• If the accused is to be brought before the court, the magistrate will specify the law enforcement agency that is put in charge of serving the order
• This agency will be responsible for transporting the defendant across the county lines; alternatively, the identified agency may contract with another law enforcement department for the transportation of the accused
• Restitution for such transport is accounted for by the clerk of court.

The issue of verbal order for arrests and other judicial decrees

Utah Code 77-7-4 mentions that a magistrate may even orally order the arrest of any person who is committing or has already commissioned a public offense. In case of an emergency where there is a risk that the accused may flee the county if not apprehended, the magistrate can authorize the arrest of this person verbally if probable cause has already been found.

As far as bench warrants go, these can be released without the need for an accusatory instrument. However, search warrants are always based on the establishment of probable cause as these, like orders for arrests, stand to violate the Fourth Amendment

How are arrests made under the provisions of Utah outstanding warrants?

UT Code 77-7-6 explains the method that can be used for apprehending an accused once a warrant has been issued in his name. When arresting the alleged offender, the person making the arrest shall identify himself and inform the arrestee of his intention, authority and cause for arrest.

However, such notice will not be required if there is reason for the arresting officer to believe that doing so will endanger the life of the agent or another person. Also, there is no reason to offer such notice when the accused is apprehended while he is engaged in the criminal act or if he is being pursued immediately after commissioning the offense.

If the person to be arrested is hearing impaired and if such an individual is to be detained for the violation of any criminal offense, it is the responsibility of the arresting officer to assess the communicative abilities of the accused and then offer such notification by means which will be comprehensible to the alleged offender.

Utah Code 77-7-7 further mentions that force can be used in arresting a person under a warrant or otherwise if he is resisting arrest or flees after being taken into custody or after commissioning the criminal act. The person arresting an accused may use reasonable force under the provisions of this law while deadly force may be used as provided in Utah Code 76-2-404.

How to find information on arrest records and outstanding warrants in Utah?

Utah is a closed records state which means that there are very few options available to civilians when it comes to looking for crime history information. These include:

• Approaching a third party site that is not a government undertaking for your warrant search
• Connecting with the office of the clerk of court for case details that can be found in the court records. The county clerk’s department has the court dockets database which will have all cases entered in it.
• Connecting with the UT Department of Corrections to find information on inmates at https://corrections.utah.gov/index.php?option=com_content&view=article&id=813&Itemid=107
• The most wanted list posted on the sheriff’s website

It is, however, possible to get a personal background report from the Utah Bureau of Criminal Identification. In order to get your search underway, you will need to send the documents and fees mentioned below to the Bureau of Criminal Identification, 3888 West 5400 South, Salt Lake City, Utah 84118.

• A check for $15; if visiting in person, you can pay in cash
• Completed form given on http://sbi.utah.gov/public-records-request-form/

It is possible to initiate a UT warrant search in the name of a third party if you are an employer working with vulnerable adults, children, in national security, fiduciary funds or a statutory authority. To find information on potential employees, you will need to get a third party release form signed from them.