Utah Police Jurisdictional Limits

Can a Utah police officer arrest a person outside the city limits or outside of the county of the officer's normal jurisdiction?

The belief that a police officer has to stop at the county line or at a city boundary is a mistaken belief. A police officer's authority outside of his/her normal jurisdiction can include making a traffic stop, issuing a criminal citation, conducting an investigation, pursuing a suspect, or making a formal arrest.

In general, police officers will exercise their authority within the jurisdiction of the city or county in which they are employed. Certain law enforcement officers (Utah Highway Patrol, SBI, etc.) have statewide jurisdiction. But even local police officers or county sheriff's deputies may exercise their authority beyond their normal jurisdictions under certain circumstances.

The authority to act outside of a police officer's normal jurisdiction is governed by Utah Code 77-9-3. This statute provides a law enforcement officer who is authorized by any governmental entity in the State of Utah (e.g., a city or county), to exercise authority beyond the officer's normal jurisdictional limits in the following circumstances:

• when the officer is called to assist officers from another jurisdiction;
• when the officer is participating in a criminal investigation that relates to activity that originated in the officer's normal jurisdiction and the officer is working in cooperation with the local authorities;
• when a "public offense" (i.e. criminal offense - misdemeanor or felony) is committed in the presence of the officer; and
• when the officer is engaged in "fresh pursuit" of a suspect, and the purpose of the pursuit is to arrest and hold that person in custody or to return the suspect to the offense where the offense was committed.

Note that this statute does not provide Utah peace officers with jurisdiction outside the State of Utah, but only within the State. Further, this statute requires officers to notify and receive authority from local law enforcement authorities prior to taking action when possible, or to notify local authorities as soon as reasonably possible if it is not feasible to obtain authority prior to taking action under this section.

Choosing a Utah Criminal Defense Attorney

If you have been arrested or cited for a criminal offense in Utah, choosing the right criminal attorney to handle your case can be one of the most important decisions you make. With experience defending cases ranging from capital murder to DUI, and virtually everything in between, we have the knowledge, skills, and tenacity needed to help you get the results you need.

Whether your case involves misdemeanor or felony charges, the consequences of conviction can be serious. Contact us today to see how the right criminal defense attorney can help you.