Utah Warrant Searches

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In the event that an individual has an active arrest warrant against them in the state of Utah, the police have full authority to place the person under arrest, detain them, then bring them to the county jail to be processed for incarceration.

Although an arrest warrant is not necessary for authorities to place a person under arrest, if there is probable cause that suggests the person committed a crime, when an arrest warrant is in place law enforcement has the power to aggressively seek the defendant, even to the point of breaking down doors.

An officer in Utah can arrest a person without an arrest warrant if:

  • They witness the individual engaged in criminal activity
  • They have an eyewitness statement that identifies the suspect engaged in a crime
  • There is an obvious probability that the person has committed a crime

Once an arrest warrant or a bench warrant is issued against a person in Utah they are subject to immediate arrest and incarceration.

With an active warrant, police have permission to:

  • Arrest the subject on sight
  • Arrive at the subject’s place of residence and forcefully enter the home
  • Arrive at the suspect’s place of work and arrest them in front of everybody

If you believe that you or somebody that you know has an active arrest warrant, we recommend that you do a Utah warrant search to know for sure so that you can take action on your own terms.

Types of Warrants in Utah

In the United States, there are numerous types of warrants that each state or city can use in order to bring an individual to court. Although there can be federal warrants, state warrants, and county warrants that will have their own unique characteristics written in the details of the warrant they all basically have the same goal. The goal is to bring a person in front of a judge.

In the state of Utah there are three basic types of warrants that the judge will issue:

  • Arrest warrants
  • Bench warrants
  • Search warrants

All three of these warrants are basically the same in the context that they are written and signed demands from a judge or a magistrate that orders an action to take place. Whether it is an arrest, to issue a subpoena, or to conduct a search they are all court orders that are set into motion by a judge.

Arrest Warrants in Utah

Because it is against the law for an officer to randomly arrest a citizen, put them in handcuffs, and place them into the back of a police car to be hauled off to jail we have arrest warrants. Each warrant will have its own set of stipulations that are written out and signed by a judge.

In order for an arrest warrant to be legal, and justified, the judge must believe there is enough probable cause present to indicate that the subject of the warrant has committed a crime. It is solely up to the judge to determine whether or not there is sufficient probable cause.

When an arrest warrant is issued the judge must include information such as:

  • The subject’s full name
  • The subjects last known address
  • The charges that the subject is accused of

Sometimes law enforcement officers can request an arrest warrant against an individual from the judge personally if the situation is during off-work hours. However, in most cases, the district attorney will file official charges against the defendant, then request that the judge issue an arrest warrant.

Once the warrant is signed and issued the police can immediately take action against the defendant.

Bench Warrants in Utah

A bench warrant in the state of Utah is very similar to an arrest warrant because it gives police permission to take action against the person named within and bring them to jail to face a judge.

This type of warrant is written up and signed into action by the judge directly from the bench in the courtroom. In most cases, when a bench warrant is issued it is due to the person named in the warrant failing to comply with a court order.

Some of the reasons why a judge will issue a bench warrant are:

  • The individual failed to appear at an appointed court date
  • The individual failed to appear for jury duty
  • The individual failed to comply with a court order or sentence

The main difference between an arrest warrant and a bench warrant is that there are other parties involved in the articulation of an arrest warrant. Departments such as law enforcement, the district attorney’s office, and other parties will approach the judge with evidence that there is sufficient probable cause to arrest an individual.

In the event of a bench warrant, the judge solely initiates, drafts, and signs the warrant into action.

Another huge difference is that when an arrest warrant is signed into action it is because of a fresh case that has been filed, or is in the process of being filed. A bench warrant is on the account of a case that is already in motion where the defendant is already in the court process.

Search Warrants in Utah

As with the rest of the states in the country, a search warrant only becomes public information after it has been executed. The reason for this is to keep the person or persons named in the warrant from knowing it exists until after it happens.

It is illegal for an officer of the law to conduct a search upon a citizen unless:

  • They have a legal search warrant
  • They have permission to search by the person they are searching
  • They have enough probable cause to justify the search

The Fourth Amendmentto the US Constitution is in place to protect the citizens from unreasonable searches and seizures from the government. Yet, the circumstances that come into play when the police are in a position to decide if they should or should not choose to conduct a search without a warrant or permission is whether or not the situation will jeopardize the safety of the public.

In the event that law enforcement officers have a legitimate search warrant, they have permission to search the personal property of the individual named on the warrant. If the officers fail to execute the warrant outside of the stipulations stated within the warrant the entire search can be deemed illegal, and all evidence that is discovered can be thrown out.

If the police conduct the search and find no evidence of a crime, the warrant will be considered executed and deemed inactive. If the police wish to search the premises again, they will have to get the judge to sign a new warrant.

If the police find evidence that incriminates the person named on the warrant they can immediately bring the person into custody to be tried for the alleged crimes.

Why Conducting Regular Warrant Searches is Necessary

Whether you live in Utah or California it is always wise to conduct regular warrant searches so that you can have the information that you need in order to protect yourself. Since arrest warrants and bench warrants are signed into action without giving notice to the people that are named on them, you could never know you have a warrant until you are handcuffed and in the back of a police car. Stay one step ahead of the game by keeping yourself informed.

***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.