Utah Code

Utah Code § 77-8-1 (2026)

Order of magistrate -- Grounds -- Arrested suspect's appearance without order

✓ current as of May 2026
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A magistrate may issue an order requiring a suspect to appear in a lineup when probable cause exists to believe a crime has been committed and there is reason to believe the suspect committed it.
A suspect who has been arrested, and is in custody, may be required by a peace officer to appear in a lineup without a court order.
Upon application of any suspect and a showing of good cause, a magistrate may order a lineup.
Notes of Decisions
Cited in 6 cases, 1983–2000 · leading case: State v. Evans, 338 N.W.2d 788 (Neb. 1983).
State v. Evans, 338 N.W.2d 788 (Neb. 1983). · cites it 2× “1978); Utah Code Ann. § 77-8-1 (Repl. 1982). See, also, Model Code of Pre-Arraignment Procedure app.”
In re Nontestimonial Identification Order Directed to R.H., 762 A.2d 1239 (Vt. 2000). “§§ 15A-271 to -282 (1983); Utah Code Ann. §§ 77-8-1 to -4 (1982).”
State v. Poteet, 692 P.2d 760 (Utah 1984). “, 1953, §§ 77-8-1, et seq., and that the identification evidence should have been excluded.”
In Re Armed Robbery, 659 P.2d 1092 (Wash. 1983). “1974); Utah Code Ann. § 77-8-1 (Supp. 1981). State courts which have considered the constitutionality of these rules have generally approved them as being within the scope of an exception to the probable cause requirement similar to that recognized in Terry v.”
Commonwealth v. Doe, 563 N.E.2d 1349 (Mass. 1990). “§ 15A-273(2) (1983) ; Utah Code Ann. § 77-8-1 (1) (1990). 5 The law of the Commonwealth should not permit a grand jury, supported by a judicial order, to direct a person to ap *769 pear in a lineup without any articulable justification.”
In Re Rh, 762 A.2d 1239 (Vt. 2000). “§§ 15A-271 to -282 (1983); Utah Code Ann. §§ 77-8-1 to -4 (1982).”
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