Utah Warrant Search
A Utah Warrant Search is a process of examining court records to determine if there is an outstanding warrant for an individual's arrest in the state. Law enforcement officials, legal professionals, or any public member who wishes to know if a warrant exists for someone's arrest can conduct the search.
A warrant in Utah is a document approved and issued by a judge that authorizes the police to take specific action(s) against a suspect.
Law enforcement cannot locate and arrest a suspect without a warrant. It lets them behave in certain situations. If the police officers don't fulfill these standards, they violate the U.S. Fourth Amendment.
The information that may be in a warrant search in Utah includes the name and description of the individual with the warrant, the warranted crime, and the issuing court's details. Additionally, the search may provide information on the type of warrant, whether a bench or an arrest warrant.
The conduct of Utah Warrant Search helps individuals to identify whether there is a warrant for their arrest or someone they know, thereby allowing them to take the necessary steps to rectify the situation before it escalates. Conducting a warrant search can also help people avoid getting arrested during routine traffic stops or other encounters with law enforcement.
Furthermore, this warrant search is crucial for law enforcement officials and legal professionals in helping them track down fugitives, locate witnesses or suspects, and bring criminals to justice. It allows them to act swiftly in serving the warrant and making an arrest, ensuring public safety.
The law that makes a Utah warrant publicly accessible is the Government Records Access and Management Act. This law mandates that anyone can access Utah's court records and search for active warrants.
How Long Does a Warrant Stay Active in Utah?
Warrants in Utah generally stay active until the suspect appears before a judge or in court. As Utah warrant units collaborate with other states to apprehend violators and extradite fugitives, ignoring an active warrant could result in an arrest at any time or place.
However, search warrants in Utah may be subject to a time limit. It means that the warrant's validity is limited to a certain period, and law enforcement officials must execute it within that time frame.
Similarly, a Utah arrest warrant can become null after the statute of limitations, which restricts how long a person may be prosecuted for a specific violation. However, there is no time limitation for felony offenses.
It is important to note that even if a warrant has expired, it does not mean that the person is no longer a suspect. Law enforcement officials may still pursue and investigate a suspect, but they cannot execute an expired warrant.
Suppose an individual believes there is an outstanding warrant for their arrest during the Utah Warrant Search. In that case, they can contact the Utah Department of Public Safety (UDPS) to inquire about the warrant and seek legal advice on addressing the situation.
What Are the Most Common Warrants in Utah?
In Utah, a judicial officer can issue several types of warrants for various reasons. Some warrants are more commonly issued than others, and understanding these warrants can be helpful for individuals who may be facing legal issues.
Below are the most common warrants issued in Utah, their purposes, and the legal implications of having them:
Utah Arrest Warrant
In Utah, arrest warrants provide police officers with the authority to arrest criminal suspects at any time. This warrant authorizes law enforcement officials to arrest the individual on the warrant and bring them before the court to face charges.
Obtaining an arrest warrant in Utah begins with a law enforcement officer or a prosecutor presenting evidence to a judge. The evidence presented must be sufficient to establish probable cause for the individual committing the crime.
This evidence may include witness statements, physical evidence, and other information gathered during the investigation.
Suppose a judge or magistrate determines probable cause or reasonable grounds to believe a person has committed a crime. In that case, they may issue an arrest warrant for a current felony or misdemeanor charge.
To be valid, an arrest warrant in Utah must include the following information:
- The case number
- The arrestee's name with details on their physical description
- The warrant issuance date and time
- The name of the court that issued the arrest warrant and the name of the judge who signed it
- The jurisdiction where the alleged crime occurred
- The suspected offenses and their severity levels
- Bond amount, if applicable
Once a police officer has obtained a Utah arrest warrant, they may execute it following the Utah Code section 77-7-5.
Under this law, officers may execute arrest warrants between 6:00 am and 10:00 pm during the day or between 10:00 pm and 6:00 am at night.
If the crime is a misdemeanor, a police officer can arrest at night if the warrant permits it with a judge's approval, the police officer accidentally finds the person during an investigation of an unrelated crime, or the person is in a public area or on the road.
Meanwhile, law enforcement officials in Utah can arrest at any time of day or night if the offense is a felony.
Arrest Without Warrant in Utah
When there's a commission of a crime in Utah, law enforcement officials may arrest without a warrant under certain circumstances. These situations typically involve instances where an officer witnesses a crime or has probable cause to believe that someone has committed a crime.
For example, if they have a good reason to believe the person committed theft of library property or merchandise for sale, a police officer in Utah can arrest someone without a warrant. Additionally, if someone reports theft to an officer, they can arrest without facing legal consequences.
Arrests without a warrant are not uncommon in Utah, as law enforcement officials are trained to quickly assess a situation and take action when necessary. It leads to the quick resolution of a crime, as suspects can be apprehended before they can flee or destroy evidence.
It is crucial to emphasize that law enforcement officers must carry out arrests without a warrant under the law and with respect for the individual's rights.
In Utah, if the police arrest someone, they must explain why and tell the person their rights. These rights include staying silent, having a lawyer, and getting a court-appointed lawyer if they can't pay for one.
If an individual tries to evade or physically resist an arrest after being notified, the arresting officer may not use unnecessary force or brutality during the arrest. Section 76-2-404 of the Utah Code only allows police officers to use deadly force when they believe it is necessary to prevent severe bodily injury or death to themselves or others.
Utah Search Warrant
Utah search warrants are an essential legal tool law enforcement officers use to gather evidence and investigate potential crimes. It is a court order allowing law enforcement officers in Utah to search a specific location, such as a home, car, or business, and seize any evidence they believe is relevant to a criminal investigation.
In Utah, a law enforcement officer may request this warrant type from a judge or magistrate if they have reasonable grounds to think that someone has committed a crime and that evidence related to the crime is at a specific location.
To obtain a search warrant, the officer must provide an affidavit to the judge or magistrate, outlining the specific facts and circumstances that support their belief that evidence of a crime is at the specified location. The judge or magistrate will then review the affidavit and determine if there is enough probable cause to issue the warrant.
Execution of a Search Warrant in Utah
When a law enforcement officer has a warrant, they must follow specific rules. Usually, they have to knock on the door and show the warrant to the resident if they want to search their home.
But if the resident doesn't let them in, and with the permission of a magistrate, the police can use force to enter the building.
When a judge or magistrate issues this warrant, the police can only search the person and location listed on the warrant. However, if someone else carries a weapon that can harm others, the police can pat them down.
Furthermore, the Supreme Court's Plain View Doctrine allows the police to take any evidence or illegal items they see during the search, even if it's not on the warrant.
After the search, the police officer must return the seized items and a copy of the warrant to the court. The officer must list what they took and give it to the judge who issued the warrant. They must also provide the property owner with a copy of the warrant and a receipt.
Unless the judge specifies otherwise, the warrant holder must execute the Utah search warrant within ten days and during the day.
It is worth noting that the Utah police can search a place without a warrant in some cases, such as if they need to save someone's life, are chasing a suspect, or think the evidence will be destroyed.
What Makes a Utah Search Warrant Invalid?
Failure to adhere to the guidelines for executing a search warrant renders it invalid. Additionally, the U.S. Fourth Amendment expressly prohibits unreasonable searches and seizures that infringe upon the rights of individuals.
It is a prerequisite for a law enforcement officer to establish probable cause to believe that a suspect committed a crime before a judge can issue a search warrant. Any warrant issued in the absence of probable cause is unlawful.
If a search warrant is invalid, any evidence obtained during the search conducted under the warrant may be suppressed or excluded from use in court. It means that the prosecution cannot use the evidence in support of their case, and it may weaken their case.
Utah Bench Warrant
Under the Utah Code section 77–7–19(3), a judge in the state issues bench warrants for several reasons, including not appearing in court, not paying fines, or not complying with court-ordered probation.
If a judge issues a bench warrant for an individual, law enforcement officers can arrest the person at any time and bring them before the court. The individual will be held in custody until they can appear before the judge who issued the warrant.
It is important to note that bench warrants do not expire and can remain in effect indefinitely until the individual is apprehended or turns themselves in the court.
Upon discovering a bench warrant for their arrest during a Utah Warrant Search, individuals should take immediate action to address the situation. It may involve contacting an attorney or surrendering oneself to law enforcement. Failure to address a bench warrant can lead to additional charges and penalties.
In some cases, an individual arrested on a bench warrant may be eligible for bail. Bail is a quantity of money paid to the court to ensure an individual appears at their next court hearing. The court will return the bail money if the individual appears at their hearing. If they fail to appear, the court will forfeit the bail money.
What is Failure to Appear in Utah?
Utah judges may issue "Failure to Appear" warrants for anyone who skips court dates. Typically, after arrest, bailees must attend all court sessions. The court may issue a bench warrant or charge them with bail jumping if they don't appear.
Before punishing, the court must verify the person has no valid reason for skipping court. If a defendant has justifiable reasons, such as a medical emergency, a car accident, or other unavoidable occurrence, they can't punish them. But if proven that a person willfully fails to appear in court, they may face additional charges and penalties.
If the original offense is a citation or minor traffic violation, it is considered a Class B misdemeanor. Similarly, it is a Class B misdemeanor if the court charges someone with bail jumping for a misdemeanor offense. But if it was a felony, it's a felony in the third-degree violation.
In Utah, a third-degree felony is punishable by a maximum fine of $5,000 and up to five years in prison. On the other hand, a Class B misdemeanor carries a maximum fine of up to $1,000 and up to six months in jail.
What is Failure to Pay in Utah?
In Utah, "Failure to Pay" refers to the failure of an individual to pay fines or fees that a court has ordered. It can occur in traffic violations, criminal offenses, or civil disputes.
When someone fails to pay fines or fees, the court issues a bench warrant to arrest someone. It may also take various actions to collect the outstanding amounts, such as suspending their driver's license, placing a lien on their property, or garnishing their wages.
Additionally, failure to pay may result in additional penalties, such as interest or even jail time, in certain cases.
How To Perform Warrant Search in Utah
There are several ways to determine if there is a warrant for someone's arrest in Utah.
One option is to use the Utah Statewide Warrants Search of the UDPS. Utha residents can conduct a warrant inquiry through this portal by providing names. However, the information on the portal may not be up-to-date because the department relies on the courts to publish the warrants, and some courts may be slow to do so.
Alternatively, one can contact the Utah Bureau of Criminal Identification (BCI) by phone at (801) 965-4445 to inquire about active Utah warrants. The BCI is a division of the UDPS responsible for maintaining criminal records and providing various investigative services to law enforcement agencies, authorized entities, and individuals who request public records.
Interested parties may also contact the court clerk in their home county. Since courts are the issuers of warrants, court warrant information is generally reliable. When contacting the court, the individual may be required to provide identification to confirm their identity. In some cases, some courts may require a formal request or subpoena before releasing warrant information.
Finally, individuals can hire an attorney to perform a Utah Warrant Search on their behalf. An experienced attorney can use their knowledge and resources to access court records and other legal documents and provide guidance on addressing any outstanding warrants.