77-7-6 - Manner of making arrest. - Utah Statutes

77-7-6. Manner of making arrest.
(1) 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:
(a) there is reason to believe the notice will endanger the life or safety of the officer oranother person or will likely enable the party being arrested to escape;
(b) the person being arrested is actually engaged in the commission of, or an attempt tocommit, an offense; or
(c) the person being arrested is pursued immediately after the commission of an offenseor an escape.
(2) (a) If a hearing-impaired person, as defined in Subsection 78B-1-201(2), is arrestedfor an alleged violation of a criminal law, including a local ordinance, the arresting officer shallassess the communicative abilities of the hearing-impaired person and conduct this notification,and any further notifications of rights, warnings, interrogations, or taking of statements, in amanner that accurately and effectively communicates with the hearing-impaired person includingqualified interpreters, lip reading, pen and paper, typewriters, computers with print-outcapability, and telecommunications devices for the deaf.
(b) Compliance with this subsection is a factor to be considered by any court whenevaluating whether statements of a hearing-impaired person were made knowingly, voluntarily,and intelligently.

Amended by Chapter 3, 2008 General Session