Issuance of summons or warrant -- Time and place arrests may be made -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court clerk to dispense costs for transportation.
Issuance of summons or warrant -- Time and place arrests may be made -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court clerk to dispense costs for transportation.
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(1) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of the accused only upon finding:
(a) probable cause to believe that the person to be arrested has committed a public offense; and
(b) under the Utah Rules of Criminal Procedure, and this section that a warrant is necessary to:
(i) prevent risk of injury to a person or property;
(ii) secure the appearance of the accused; or
(iii) protect the public safety and welfare of the community or an individual.
(2) If the offense charged is:
(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b) a misdemeanor, the arrest upon a warrant can be made at night only if:
(i) the magistrate has endorsed authorization to do so on the warrant;
(ii) the person to be arrested is upon a public highway, in a public place, or in a place open to or accessible to the public; or
(iii) the person to be arrested is encountered by a peace officer in the regular course of that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for arrest.
(3) For the purpose of Subsection (1):
(a) daytime hours are the hours of 6 a.m. to 10 p.m.; and
(b) nighttime hours are the hours after 10 p.m. and before 6 a.m.
(4)
(a) If the magistrate determines that the accused must appear in court, the magistrate shall include in the arrest warrant the name of the law enforcement agency in the county or municipality with jurisdiction over the offense charged.
(b)
(i) The law enforcement agency identified by the magistrate under Subsection (4)(a) is responsible for providing inter-county transportation of the defendant, if necessary, from the arresting law enforcement agency to the court site.
(ii) The law enforcement agency named on the warrant may contract with another law enforcement agency to have a defendant transported.
(c)
(i) The law enforcement agency identified by the magistrate under Subsection (4)(a) as responsible for transporting the defendant shall provide to the court clerk of the court in which the defendant is tried, an affidavit stating that the defendant was transported, indicating the law enforcement agency responsible for the transportation, and stating the number of miles the defendant was transported.
(ii) The court clerk shall:
(A) account for a cost paid under Subsection 76-3-201(4)(b) for government transportation; and
(B) dispense money collected by the court under Subsection (4)(c)(ii)(A) to the law enforcement agency responsible for the transportation of a convicted defendant.
(5) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and legal holidays if a warrant issued in accordance with this section is an extradition warrant.
(6) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall report any changes to the status of a warrant issued in accordance with this section to the Bureau of Criminal Identification.