Rule 7. Warrants.
(a) The issuance and execution of a warrant
is governed by Title 77, Chapter 7, Arrest, Section 78A-6-106, Section
78A-6-111, Section 78A-6-112, and Utah Rule of Criminal Procedure 40.
(b) After a petition is filed, a warrant for
immediate custody of a minor may be issued if the court finds from the facts
set forth in an affidavit filed with the court or in the petition that there is
probable cause to believe that:
(b)(1) the minor
has committed an act which would be a felony if committed by an adult;
(b)(2) the minor
has failed to appear after the minor or the parent, guardian or custodian has
been legally served with a summons;
(b)(3) there is a
substantial likelihood the minor will not respond to a summons;
(b)(4) the summons
cannot be served and the minor's present whereabouts are unknown;
(b)(5) the minor
seriously endangers others and immediate removal appears to be necessary for
the protection of others or the public; or
(b)(6) there are
reasonable grounds to believe that the minor has run away or escaped from the
minor's parent, guardian or custodian.
(c) A warrant for immediate custody of a
minor may be issued if the court finds from the affidavit that the minor is
under the continuing jurisdiction of the court and probable cause to believe
that the minor:
(c)(1) has left the
custody of the person or agency vested by the court with legal custody and
guardianship without permission; or
(c)(2) has violated
a court order.
(d) A warrant for immediate custody shall be
signed by a court and shall contain or be supported by the following:
(d)(1) an order that the minor be taken to a
juvenile detention or shelter facility or an adult detention facility, if
appropriate, designated by the court at the address specified pending a hearing
or further order of the court;
(d)(2) the name,
date of birth and last known address of the minor;
(d)(3) the reasons
why the minor is being taken into custody;
(d)(4) a time
limitation on the execution of the warrant;
(d)(5) the name and
title of the person requesting the warrant unless ordered by the court on its
own initiative pursuant to these rules; and
(d)(6) the date,
county and court location where the warrant is being issued.
(e) A peace officer who brings a minor to a
detention facility pursuant to a court order for immediate custody shall so
inform the person in charge of the facility and the existence of such order
shall require the minor's immediate admission. A minor so admitted may not be
released without court order.
(f) This rule shall not limit the statutory
authority of a probation officer to take a minor who has violated a condition
of probation into custody.
(g) Return of service on a warrant shall be
executed within 72 hours unless otherwise ordered by the Court.
(h) The juvenile court to retain and file
copies - Documents sealed for twenty days -Forwarding of record to court with
jurisdiction.
(h)(1) At the time of issuance, the juvenile
court shall retain and seal a copy of the search warrant, the application and
all affidavits or other recorded testimony on which the warrant is based and
shall, within a reasonable time, file those sealed documents in court files
which are secured against access by the public. Those documents shall remain
sealed until twenty days following the issuance of the warrant unless that time
is extended or reduced. Unsealed search warrant documents shall be filed in the
court record.
(h)(2) Sealing and retention of the file may
be accomplished by:
(h)(2)(A) placing
paper documents or storage media in a sealed envelope and filing the sealed
envelope in a court file not available to the public;
(h)(2)(B) storing the documents by
electronic or other means under the control of the court in a manner reasonably
designed to preserve the integrity of the documents and protect them against
disclosure to the public during the period in which they are sealed; or
(h)(2)(C) filing
through the use of an electronic filing system operated by the State of Utah
which system is designed to transmit accurate copies of the documents to the
court file without allowing alteration to the documents after issuance of the
warrant by the juvenile court.