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UTOC-45-44
Regular Member
| Joined: | Thu Feb 22nd, 2007 |
| Location: | Morgan, Utah USA |
| Posts: | 2582 |
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Posted: Tue Jun 30th, 2009 03:10 pm |
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| Can anyone show me an ACTUAL Law on the books that states that a LEO can stop and arrest you because you have committed a crime or will BE committing a crime/ are about to commit a crime ? And
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Nuttycomputer
Regular Member
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Posted: Tue Jun 30th, 2009 03:31 pm |
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UTOC-45-44 wrote: Can anyone show me an ACTUAL Law on the books that states that a LEO can stop and arrest you because you have committed a crime or will BE committing a crime/ are about to commit a crime?
Not sure if this is what you're looking for:
U.C.A. 10-3-915
The members of the police force shall have the power and authority, without process, to arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of the officer, or within his view, any breach of the peace, or any offense directly prohibited by the laws of this state or by ordinance.
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rpyne
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| Joined: | Tue Oct 23rd, 2007 |
| Location: | Provo, Utah USA |
| Posts: | 580 |
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Posted: Tue Jun 30th, 2009 03:36 pm |
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Or maybe this one:
77-7-2. Arrest by peace officers.
A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person:
(1) (a) for any public offense committed or attempted in the presence of any peace officer; and
(b) as used in this Subsection (1), "presence" includes all of the physical senses or any device that enhances the acuity, sensitivity, or range of any physical sense, or records the observations of any of the physical senses;
(2) when the peace officer has reasonable cause to believe a felony or a class A misdemeanor has been committed and has reasonable cause to believe that the person arrested has committed it;
(3) when the peace officer has reasonable cause to believe the person has committed a public offense, and there is reasonable cause for believing the person may:
(a) flee or conceal himself to avoid arrest;
(b) destroy or conceal evidence of the commission of the offense; or
(c) injure another person or damage property belonging to another person; or
(4) when the peace officer has reasonable cause to believe the person has committed the offense of failure to disclose identity under Section 76-8-301.5.
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Nuttycomputer
Regular Member
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Posted: Wed Jul 1st, 2009 01:54 pm |
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rpyne, Great find. Didn't see that one.
It seems that an officer can only affect an arrest for a public offense commited, attempted, or threatened. Threatened only applies if it's done in the officer's presence. (Presence being defined very loosely in Utah Law)
Other than that I believe you can only be detained if the officer has a reasonable cause to believe you will commit a crime, but you can't just be arbitrarily arrested for a crime you may commit and certainly not charged for one.
Out of curiousity did you get arrested again? Lol. Seems like there is a story behind this question.
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UTOC-45-44
Regular Member
| Joined: | Thu Feb 22nd, 2007 |
| Location: | Morgan, Utah USA |
| Posts: | 2582 |
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Posted: Wed Jul 1st, 2009 02:15 pm |
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Sorry to disappoint you. Hehehe . Nope, not arrested or detained..................just a Q.
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