Usually when I think of a citizen’s arrest, I think about those bad movies or comedy skits where some unlikeable gomer (think Dwight Schrute) makes a citizen’s arrest and the arrestee resists and some sort of ridiculous interaction ensues.  And since bad movies were my source of information, I always thought that a citizen’s arrest was something that may have existed sometime in the past, but didn’t actually exist anymore….I was wrong.

Utah code lays out when a private person may arrest another:

1)     When the crime was committed (or attempted) in the citizen’s presence, OR

2)     When the citizen has “reasonable cause” that the arrestee has committed a felony, whether or not it was committed in the person’s presence.

This is amazing to me.  These two situations happen all the time.  Frankly, I don’t know why this hasn’t caught on.  Can you imagine how much fun it would be to arrest all the people who drive slow in the fast lane or let their dogs poop on your lawn?  Or for those who are service-minded, you could go to concerts with a bag of zip ties to catch all those people smokin’ that wacky tobacky.  You could, if you wanted to, arrest like 150 people for traffic violations on your way to work.  Then again, I guess I’m just lucky none of my siblings or college roommates arrested me for domestic violence whenever I tried to wrestle with them in the living room.  But really, any crime committed or attempted in your presence?  Or reasonable cause (even less than 50% certainty!) that someone has committed a felony, whether or not in your presence?  Amazing.

You should know, however, that being a pioneer in the citizen’s arrest movement may come with certain costs.  For example, you will need to spend a lot of time educating the public about your newly-discovered authority.  And you may have to sacrifice personal or family time when you are faced with blatant traffic or disorderly conduct violations.  Also, you will probably lose all your friends…and get beat up…and get yourself arrested…and get sued.  But just remember that every courageous pioneer faces challenges in the beginning!

So, if you decide to take the step to be a citizen enforcer (or if you really, truly, are forced to stop someone from hurting someone else), you should know what the law requires you to do while making the arrest:

• First, you must inform the person you are arresting of 1) your intent to effect a citizen’s arrest 2) your reason for arresting him, and 3) your authority to arrest.  So say something like, “Pursuant to Utah Code, section 77 dash 7, I am arresting you for driving while ill or fatigued (yes, it’s a crime).”
• Second, you cannot use “more restraint than is necessary” to arrest or detain the person.
• Third, you must take the arrested person to the judge in the district court or justice court in the city or county where the offense occurred.

Simple enough.  And interestingly, the police are supposed to do these same things, but often don’t.  You should also be aware that if you detain someone “without the authority of law,” then you could get arrested for unlawful detention, or if the police really don’t like you, kidnapping. But don’t let that stop you.

Ever witness a crime (no matter how small) that made you long to evoke your right to arrest another person?  Or better yet, have you ever actually made a citizen’s arrest? Share your story in a comment below!

When I was a prosecutor handling domestic violence cases, a young woman charged with domestic violence was representing herself and came into court to speak with me. In a polite, slightly pleading tone, she said, “I don’t know why I’m here. I ain’t never domestic violenced no one!” Well, according to Utah law, she had— and chances are, you have too.

She explained that she had gotten into a yelling match with her 17-year-old brother and he threw his drink at her. She chased him to his bedroom where he shut the door. The bedroom door wasn’t very strong and when she hit it with her shoulder, the wood cracked and she made a big dent the size of her shoulder. He didn’t open the door, so she called him some names and walked away. The neighbors heard the yelling and banging and called the police. The police came, asked what happened, and charged the woman with domestic violence assault and criminal mischief (destruction of property).

Most people don’t know that many people are charged with domestic violence in Utah for doing things that aren’t typically seen as domestic violence or domestic abuse. In Utah, a crime is considered “domestic violence” when the underlying crime involves “cohabitants” and includes violence, a threat of violence, an attempt to commit violence, property destruction, or even sometimes disorderly conduct. Utah law defines a cohabitant as anyone 16 years of age or older who:

• is or was a spouse to the other person,
• resides or has resided in the same residence as the other person,
• is related by blood or marriage to the other person,
• has one or more children in common with the other person,
• is living as if a spouse of the other person, or
• is the biological parent of the other person’s unborn child.

This means brothers, sisters, cousins, uncles, roommates, former roommates, former roommates’ friends who lived in your apartment for a month, etc., etc.

In addition to that, each of the underlying crimes is interpreted quite broadly. If you live in Utah, criminal mischief (destruction of property), includes destroying any property that you’ve acquired with your spouse because technically you own the property together. So even if your wife has never touched your cordless drill, but you throw it out the window and break it during an argument…yep, Domestic Violence Criminal Mischief, a class B misdemeanor.

To prove my point, if you have ever done any of the following in Utah, you have committed domestic violence:

• Intentionally or recklessly damaged, defaced, or destroyed any property of your spouse, sibling, parent, roommate, landlord, or even your own property if it was acquired during marriage. (This includes ripping up pictures, denting doors, walls, and cars, breaking phones, ripping clothes, etc.)
• Intentionally or recklessly threw anything at your spouse, sibling, parent, roommate, etc., if it was hard or heavy enough to cause pain, even if it didn’t hit them. (This includes cell phones, basketballs, kitchen spatulas, remote controls, shoes, etc.)
• Intentionally or recklessly grabbed, pushed, or slapped your spouse sibling, parent, roommate, etc., if it caused pain or created a substantial risk of causing pain. (This includes pushing onto the couch, pulling out of a room (if you have to grab hard enough that it causes a risk of any physical pain), or even preventing someone from entering a room you’re in.)

Needless to say, a good number of country music videos involving betrayed women, if they took place in Utah, would be prime candidates for criminal charges. Not to mention shows like I Love Lucy, Everybody Loves Raymond, or any other show where one lover slaps the other (technically only if they’ve lived together or are married).

So, when you were 18, and you got in a fight with your brother or roommate or cousin, if he/she was 16 or older, you committed domestic violence. Or if you ever got into an argument with your spouse and then went outside and broke your pink lawn flamingo because you were mad, you have “domestic violenced” someone.

I’ve often heard that too many criminals get off on technicalities. But in my experience, I think more people get charged or convicted on technicalities than get their cases dismissed. The prosecutor will sometimes say, “I don’t write the laws, my job is to enforce them.” And on the flip side, legislators will say, “We can’t write perfect laws, but prosecutors and judges can discern which cases should go forward.” This means many people who shouldn’t be in the criminal justice system have their lives turned upside down and face stiff penalties because their actions technically meet the definition of domestic violence.
There are many situations where domestic abuse really does occur, and sometimes the law is the best protection for the victims of that abuse. But the unfortunate result of having domestic violence laws that are too strict and too broad is that we end up spending too much time and too many resources litigating the trivial cases, rather than focusing on the cases where the law truly needs to intervene.

Under the law, you cannot write, send, or read a text message while operating a motor vehicle. But this law is about more than just texting. You cannot enter any kind of information into a phone or any other handheld wireless device while operating a motor vehicle. That means no emailing, no dialing phone numbers, no changing your playlist.

Contrary to what The Daily Herald reported, it also means that you cannot enter coordinates into a GPS or search for a Google map. This confusion probably originated in the exception in the law which allows you to look at a GPS (look only—not type). So if you need directions you will have to search the address before you leave your driveway. And, if you read on ksl.com that you can search your contacts while driving, you may find yourself on the side of the road trying to explain that to Highway Patrol. ANY data entry into your phone while the car is moving can get you a ticket.

Talking on the phone and using voice commands are still okay. And if you find yourself in an emergency go ahead and do anything with your phone that needs to be done. For everything else, don’t take the chance. It’s a quick way to make a $100 dollar donation to the government and invite your insurance company to raise your rates for the next 3-5 years.

You can read the whole law for yourself at https://le.utah.gov/code/TITLE41/htm/41_06a171600.htm.