A Utah warrant search is a process by which an individual's warrant status can be verified. Warrants are legal documents signed by authorized judicial officers that permit law enforcement or peace officers to perform specific actions. These include arresting a person, searching a defined location, or confiscating particular items.
The Fourth Amendment, U.S. Constitution, provides for the use of warrants in Utah to protect citizens from arbitrary searches and seizures. Under its provisions, warrants are issued only upon probable cause (reasonable grounds for suspecting someone is involved in a crime).
Individuals can often find Utah warrants through criminal justice agencies, like Utah's Department of Public Safety and the county courts. Warrants are considered a part of Utah criminal court records and are also featured within arrest records. A warrant search can provide information about the arrestee's name, birth date, race, arrest location or site, and the nature of their offense. However, it is not a definitive means for establishing guilt.
Are Warrants Public Records in Utah?
Yes, warrants are public in Utah. Under the state's Government Records Access and Management Act (GRAMA) (Utah Code § 63G-2-101 to § 63G-2-505), the public can inspect numerous governmental records, including warrants. However, this right is not absolute.
GRAMA broadly refers to a "public record" as any record not controlled, protected, designated as private, or exempt from disclosure by an applicable state statute, federal statute or regulation, or court rule. As such, any warrant sealed by a court or restricted by law is not disclosable to the public.
Types of Warrants in Utah
In Utah, warrants are classified based on the reason for their issue:
- Arrest Warrants: Arrest warrants allow law enforcement officers to place a named subject under arrest and hold them in jail until they appear in court. This type of warrant is often issued when the subject is a crime suspect. If the suspect has crossed state lines, the arrest warrant issued is called a fugitive warrant.
- Search Warrants: Search warrants empower police officers to search for a subject or search personal property. Generally, magistrates and judges issue search warrants when they believe that evidence of a crime may be found at a specific location.
- Bench Warrants: Courts in Utah can issue warrants for the arrest of defendants charged with contempt of the court or failure to honor an Order to Show Cause. These warrants are called bench warrants because they are granted from the judge's bench (during court proceedings).
- Warrant of Attachment or Commitment: Section 78B-6-303 of the Utah Code acknowledges two types of warrants: warrants of attachment and warrants of commitment. These authorize law enforcement to arrest an individual who committed contempt outside the court or the judge's immediate view and presence. A warrant of commitment differs from a warrant of attachment in that it is only issued when there was no previous arrest and after a prior attachment warrant. Also, the defendant must have received notice of the contempt or been the subject of an Order to Show Cause.
What is a Search Warrant in Utah?
Rule 40 of Utah's Rules of Criminal Procedure (URCRP) provides guidelines for a search warrant in the state. A search warrant is described as a magistrate-issued order instructing a peace officer to search a place, thing, or person and seize evidence or property. For a search warrant in Utah to be valid, it must:
- Be issued in the name of the state.
- Precisely describe the thing, person, or place to be searched, and as much as possible, leave no room for doubts.
- Describe the property or evidence to be seized.
- Be supported by evidence or facts showing probable cause (search warrants become invalid if the underlying evidence is found to have been fabricated or obtained illegally).
- Be signed or otherwise authorized by a qualified magistrate.
- Be served in readable form (the original order or its copy) on the subject of the warrant.
Utah search warrants specify the timeframe within which a search must be executed, usually daytime, from 6:00 a.m. to 10:00 p.m. local time). However, the magistrate can direct that the search be executed at any time (day or night) if a recorded testimony or affidavit reasonably shows that the search will be unproductive if conducted in the daytime.
To obtain a search warrant in Utah, the police officer requesting the order must submit an affidavit stating sufficient reasons to believe that the item to be seized:
- Was acquired illegally or is possessed by an unauthorized party
- Has been or will be used to commit or cover up a crime
- Proves that illegal conduct occurred
In this context, affidavits are sworn factual statements that establish probable cause for issuing a search warrant. Like the warrant, the affidavit must describe the place or person to be searched and the item, evidence, or person to be seized. If an informant supplied the facts relied upon in the affidavit, they should be shown to be credible.
After a judicial review of the affidavit and supporting documents, the magistrate will issue the search warrant if they believe probable cause exists.
Law enforcement officers cannot exceed the warrant's scope during execution. However, a peace officer may enlist the help of others in searching.
Generally, Utah search warrants have a "knock and announce" condition. This means the officers executing the warrant should knock on the door or other entry points of the building to be searched at least thrice in quick succession. They should also demand entry into the building before entering. Exceptions to this provision are stated in URCRP Rule 77-7-8.
How Long Does It Take to Get a Search Warrant?
There is no specified timeframe for police officers to obtain search warrants in Utah, although several factors may determine how fast a warrant is released. For example, a magistrate's availability, the case's complexity (e.g., whether more evidence is required), and an applicant's ability to demonstrate probable cause affect the authorization timeline. As such, some search warrants may be released in minutes, especially in urgent situations, while others may be issued after several days.
What is an Arrest Warrant in Utah?
An arrest warrant is a court document instructing a peace officer to apprehend a subject. Per URCRP Rule 6, arrest warrants may be issued in place of summons when the defendant is not a corporation and existing evidence shows that:
- The defendant will not honor a summons, or their address is unknown
- There is likelihood of breach of peace, injury to property or individuals, or threat to community safety
Judges may also issue arrest warrants when a defendant fails to respond to a summons.
According to Rule 7, an arrest warrant may be issued when a person is believed to have committed a public offense. If it is a felony, the arrest warrant may be executed at any time of the day. However, for offenses charged as misdemeanors, the warrant is executed during the day (after 6 a.m. and before 10 p.m.). However, a misdemeanor arrest warrant may be executed at night (between 10 p.m. and 6 a.m.) if:
- The magistrate approves a nighttime arrest
- The accused is at a public place or on a highway, or
- A peace officer encounters the subject of the warrant while investigating another matter
Before issuing a warrant, each Utah judge must review the information, statements, and affidavits presented in the case to determine if sufficient grounds exist. If there are none, the prosecutor will be notified and given 28 days to provide sufficient information. The judge will dismiss the case if the prosecutor fails to meet this timeline. However, where those grounds exist, the judge will issue the warrant.
An arrest warrant in Utah typically contains the following information:
- The defendant's name and age
- The issuing court's name
- The case number
- The charge
- The issuing judicial officer's name and signature
- The city of issue
- The defendant's pretrial release status and the conditions for pretrial release if not denied
- Whether the court requires the defendant's physical appearance or if bail may be remitted to satisfy any court obligations.
The "knock and announce" requirement discussed for search warrants also applies when law enforcement officers must enter a premises to make an arrest.
When an arrest warrant is issued, the subject of the warrant automatically becomes a suspect in a criminal case. Upon arrest, the law enforcement agents must inform them of the charges against them and bring them before a judge as soon as possible.
Individuals arrested upon a warrant are advised to contact a criminal defense attorney for professional advice and guidance at the earliest opportunity.
Arrest Warrant Lookup in Utah
Interested parties may search for arrest warrants issued in Utah by querying these bodies:
- Utah's Department of Public Safety
- The sheriff's office of the county where the issuing court is located
- The clerk's office at the issuing court
How to Find Out If You Have a Warrant in Utah
Perhaps the easiest way for members of the public to determine if they are the subject of an active warrant in Utah is to query the Utah Department of Public Safety. The DPS provides a Statewide Warrants Search tool, accessible with a person's first and last name or middle name (if known).
Results obtainable from the website are sourced from the various courts that submit data to the Utah Criminal Justice Information System (UCJIS). As a result, the accuracy of information depends on how timely the courts enter and remove records.
Alternatively, interested parties may verify their warrant status in Utah by contacting their local sheriff's offices or police departments. Since warrants are typically directed to these criminal justice agencies for execution, they often maintain warrant records for public inspection.
For example, the Utah County Sheriff's Office encourages individuals to make warrant inquiries by calling (801) 851-4065 or (801) 851-4034. One can email warrant lookup requests to warrants@utahcounty.gov. Some police departments, like the Salt Lake City Police Department, also maintain online most wanted lists of persons with active warrants for their arrests.
Finally, individuals can also check for active warrants by contacting the clerk of the issuing court. Courts often retain records of issued warrants and provide them for public inspection.
Note that Utah magistrates seal active search warrants at the time of issuance. These are not accessible to the public unless unsealed.
Free Warrant Search in Utah
Individuals can execute warrant checks free of charge in Utah by leveraging online and in-person warrant search avenues provided by Utah's Department of Public Safety, courts, sheriff's offices, and police departments. However, reasonable fees may apply if an interested party wants a hard copy.
How to Find Out If Someone Has A Warrant Online
Members of the public have several online platforms they can access to search warrants issued in Utah. For example, URCRP Rule 6 (f) mandates court clerks to enter issued arrest warrants into the court information management system. As such, case parties can access the Utah MyCase portal to determine if a warrant was issued for their cases. Other members of the public can use the Xchange portal.
Individuals can also discover if someone has a warrant online by searching private or third-party databases that disseminate warrant information. Warrant searches on third-party websites are not limited to Utah, as the sites aggregate warrant records from other U.S. jurisdictions. Consequently, they benefit parties seeking a broader scope of information. However, many databases are fee-based.
Due to accuracy concerns, individuals are advised not to rely solely on information sourced from private websites. A good practice is to cross-check information against government-owned repositories.
How Long Do Warrants Last in Utah?
A warrant's validity period largely depends on its type. Arrest and bench warrants generally remain active or outstanding until duly executed. However, Utah's courts may periodically review unexecuted warrants to determine whether a recall is necessary.
Meanwhile, search warrants are only valid for 10 days from the date of issuance. If a peace officer does not execute the warrant within this timeframe, the warrant becomes void and must be designated as "unexecuted" when returned to the issuing court.
