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

Utah Code § 77-7-6 (2026)

Manner of making arrest

✓ current as of May 2026
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The person making the arrest shall inform the person being arrested of his intention, cause, and authority to arrest him. Such notice shall not be required when:
there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;
the person being arrested is actually engaged in the commission of, or an attempt to commit, an offense; or
the person being arrested is pursued immediately after the commission of an offense or an escape.
If a deaf or hard of hearing person, as defined in Subsection 78B-1-201(2), is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall assess the communicative abilities of the deaf or hard of hearing person and conduct this notification, and any further notifications of rights, warnings, interrogations, or taking of statements, in a manner that accurately and effectively communicates with the deaf or hard of hearing person, including qualified interpreters, lip reading, pen and paper, typewriters, computers with print-out capability, and telecommunications devices for the deaf.
Compliance with this Subsection (2) is a factor to be considered by any court when evaluating whether statements of a deaf or hard of hearing person were made knowingly, voluntarily, and intelligently.
Notes of Decisions
Cited in 8 cases, 1984–2016 · leading case: State v. Webb, 790 P.2d 65 (Utah Ct. App. 1990).
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State v. Webb, 790 P.2d 65 (Utah Ct. App. 1990). · cites it 3× “He first contends that the seizure of these items violated his fourth amendment rights because the arrest warrants for him, Humphrey, and Gregersen, which form the basis for the lawful presence of the police officers in the apartment, were not executed in the manner prescribed…”
State v. Mackin, 2016 UT 47 (Utah 2016). “” Id, § 77-7-6(1). ¶36 The citizen’s arrest statute does not provide Mackin with, a defense to his robbery charge.”
State v. Moreno, 910 P.2d 1245 (Utah Ct. App. 1996). · cites it 2× “1 A warrantless arrest is authorized by Utah Code Ann. § 77-7-6 (1) (1995) when a public offense is committed in the presence of any peace officer.”
State v. Hayes, 860 P.2d 968 (Utah Ct. App. 1993). · cites it 4× “This information is required under Utah Code Ann. § 77-7-6 *972 (1990), which states that, “The person making the arrest shall inform the person being arrested of his intention, cause and authority to arrest him.”
State v. Dutchie, 969 P.2d 422 (Utah 1998). · cites it 2× “2d 1058 (Utah 1985) (per curiam) (holding that Utah Code Ann. § 77-7-6 expressly requires officers to inform suspect of reason for arrest and that suspect’s incriminating response to such statements by police is not product of custodial interrogation); State v.”
McFarland v. Skaggs Companies, Inc., 678 P.2d 298 (Utah 1984). “, 1953, § 77-7-6 requires: “The person making the arrest shall inform the person being arrested of his intention, cause and authority to arrest him.”
Eddy v. Albertson's, Inc., 2001 UT 88 (Utah 2001). · cites it 4× “]" Utah Code Ann. § 77-7-6 (1)(b) (1995). 1[ 13 It is undisputed that at the time of the incident James II, an intoxicated minor, had transferred alcohol to Reannon's car in violation of sections 82A-12-209(1) and 32A-12-203(1) of the Utah Code.”
State v. Wilson, 701 P.2d 1058 (Utah 1985). “The trial court denied defendant’s motion to suppress his response to Crane that he was only trespassing on the ground that the officer merely followed statutory requirements when he informed defendant that he was under arrest for burglary.”
Utah Code § 77-7-6(1): 2 cases
State v. Mackin, 2016 UT 47 (Utah 2016). “” Id, § 77-7-6(1). ¶36 The citizen’s arrest statute does not provide Mackin with, a defense to his robbery charge.”
Eddy v. Albertson's, Inc., 2001 UT 88 (Utah 2001). “]" Utah Code Ann. § 77-7-6 (1)(b) (1995). 1[ 13 It is undisputed that at the time of the incident James II, an intoxicated minor, had transferred alcohol to Reannon's car in violation of sections 82A-12-209(1) and 32A-12-203(1) of the Utah Code.”
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