Utah Code » Title 77, Chapter 7 — Arrest, by Whom, and How Made
Utah Code

Utah Code § 77-7-1 (2026)

"Arrest" defined -- Restraint allowed

✓ laws through the 2026 General Session (checked Sept. 2026)
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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 arrest and detention.

Amended by Chapter 302, 2025 General Session

Notes of Decisions
Cited in 9 cases, 1965–2016 · leading case: State v. Harmon, 910 P.2d 1196 (Utah 1995).
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State v. Harmon, 910 P.2d 1196 (Utah 1995). · cites it 4× “" Utah Code Ann. § 77-7-1 (emphasis added).”
Estes v. Talbot, 597 P.2d 1324 (Utah 1979). · cites it 12× “Although infrequently discussed in judicial literature, such authority as there is on the subject supports the conclusion that the defendants are state officers.”
State v. Mackin, 2016 UT 47, 387 P.3d 986. “” Id, § 77-7-1. And Utah law requires that “[t]he person [arrested] ,.”
State v. Jones, 407 P.2d 571 (Utah 1965). · cites it 4× “[9] The Utah Constitution became effective January 4, 1896; Section 77-7-1, U.C.A. 1953 first appeared in the Revised Statutes of Utah, 1898, as Section 4565; Amendment XVI to the Constitution of the United States, allowing the Federal income tax, became effective February 25,…”
Salt Lake City v. Smoot, 921 P.2d 1003 (Utah Ct. App. 1996). · cites it 2× “More importantly, the court’s other instruction, number thirteen, was a direct quotation of Utah Code Ann. § 77-7-1 (1995), and correctly instructed the jury that the person under arrest “shall not be subjected to any more restraint than is necessary for his arrest and detention.”
State v. Grate, 947 P.2d 1161 (Utah Ct. App. 1997). · cites it 4× “” Utah Code Ann. § 77-7-1 (1995). 4 . The only legislative comments arguably applicable to the revisions in question are: "These amendments contained in this bill are taking care of repetitious language, taking care of some ambiguities that exist in the law.”
State v. Pascoe, 774 P.2d 512 (Utah Ct. App. 1989). · cites it 2× “The court ruled that even though no formal declaration of arrest was made until appellant was released from the hospital, he was actually restrained and, therefore, subject to de facto arrest at the scene, pursuant to Utah Code Ann. § 77-7-1 (1982). The court further found that…”
State v. Stavar, 578 P.2d 847 (Utah 1978). · cites it 4× “Section 77-7-1 states: All officers of any city .”
State v. Bowen, 620 P.2d 72 (Utah 1980). · cites it 5× “In December, 1979, pursuant to Sections 77-7-1 and 77-7-2, U.C.A. 1953, as amended, an accusation by the Weber County Grand Jury was filed in the District Court of Weber County, Utah, to remove respondent from the office he held as a County Commissioner.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.