McFarland v. Skaggs
In McFarland v. Skaggs, 678 P.2d 298 (Utah 1984), the Court explained that the notice of "intention, cause and authority" of section 77-7-6 of the Utah Code must be given "at the time the prisoner is detained or the arrest is effected, rather than sometime later during the time of detention," otherwise, the arrest falls "short of the statutory mandate" and the defendant "fails to perfect whatever privilege it might have . . . to arrest plaintiff" for the offense. Id. at 302.
In McFarland, the plaintiff was also suspected of shoplifting. A Skaggs employee accosted the plaintiff in the parking lot of the grocery store and a scuffle ensued. Id. at 299.
After the confrontation, the plaintiff returned to the store where the allegation of shoplifting was determined to be false. Id. at 300.
The Skaggs employee never informed the plaintiff that he was being placed under citizen's arrest for assault or any other offense. Id.
In that case, this court found that the exceptions to the notice requirement did not apply because the "arrest was not accomplished with conformance to section 77-7-6." Id. at 302.