Arrest Without Probable Cause In Salt Lake
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A citizen's arrest is a form of lawful custody and anyone attempting to flee would commit the offence of escape from lawful custody. Similarly, a person who uses force to resists a citizen's arrest would commit the offence of assault with intent to resist arrest.
An arrest requires several elements to be present, including authority, seizure or detention, and the understanding of the person that they have been arrested. The authority element entails a law enforcement officer having the legal power to make an arrest.
If an officer sees illegal activity or contraband in plain view, they can act without a warrant. Additionally, situations like hot pursuit of a suspect or preventing an imminent danger also allow for warrantless arrests. These exceptions, while necessary, are also closely scrutinized to prevent abuse of power.
The four elements of an arrest are the intent to arrest, authority to arrest, subjection to arrest and the understanding by the person arrested that an arrest has occured.
A private person may arrest another: (1) For a public offense committed or attempted in his presence; or (2) When a felony has been committed and he has reasonable cause to believe the person arrested has committed it. 77-7-4 Magistrate may orally order arrest.
(a)(2) The arresting officer, custodial authority, or prosecutor with authority over the most serious offense for which defendant was arrested must, as soon as reasonably feasible but in no event longer than 24 hours after the arrest, present to a magistrate a sworn statement that contains the facts known to support ...
A search incident to arrest may only be conducted when two (2) requirements have been met. First, there must have been a lawful custodial arrest. At a minimum, this requires that (1) probable cause exist to believe that the arrestee has committed a crime and (2) an arrest is actually made.
Interference with a peace officer. refusing to refrain from performing an act that would impede the arrest or detention. A violation of Subsection (2) is a class B misdemeanor.
"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 his arrest and detention.
Making your body go limp to make it difficult for the officers to arrest you. Running away from officers trying to arrest you. Hiding from officers who are trying to arrest you. Not opening the door when officers are trying to arrest you.
