Posts Tagged ‘search warrant’

Search Warrant in Utah

Oct

Utah Criminal Defense Blog, on the topic of Constitutional Rights, Question

When a search warrant or administrative warrant is served upon a person in Utah, there are some procedures that must be followed.

Administrative Checkpoint for Vehicles

Photo: Karl Baron

A vehicle may be stopped and the occupants detained when a police officer:

(1) is following the requirements of a search warrant or arrest warrant;
(2) has probable cause to arrest or search;
(3) has reasonable suspicion that criminal activity has occurred or is occurring;
(4) is acting under emergency circumstances; or
(5) is acting pursuant to duly authorized administrative traffic checkpoint authority granted by a magistrate.

Law enforcement may not display a sign that notifies motorists of an administrative traffic checkpoint unless the checkpoint has been approved by a magistrate.

Put Your Brakes On

If you decide to ignore an administrative checkpoint by blazing on past it, you will be guilty of a class B misdemeanor.

Officer-Requested Assistance

When a police officer serves a search warrant, he may request the help of other people in performing the search.

Use of Force in Executing Search Warrant

There are times when law enforcement can use reasonably necessary force in their efforts to serve a search warrant and enter the premises. If a police officer gives notice of his authority and purpose, and he is not responded to promptly, he may use appropriate force to conduct the business of the search warrant. Also, a magistrate may give officers permission to enter a location without notice of their authority and purpose.

Searches on Parolees

You may not know that before a person can be paroled, he must sign an agreement that he will allow himself or his property to be searched, without a warrant, at any time by a parole officer or police officer. Theoretically, this is not to be used as a form of harassment.

Questions Regarding a Search

Don’t hesitate to contact an attorney if you believe you’ve been involved in an inappropriate search by police. Law enforcement has rules to follow, and they need to be held accountable to those rules. You don’t have to just hope that the police do their job the right way. A Utah criminal defense attorney can help you with your legal questions and problems.

Tags: administrative warrant, search warrant, utah, vehicle, warrant
Posted in Constitutional Rights, Question | No Comments »

Probable Cause Needed for a Utah Search Warrant

Sep

Utah Attorney, Brooke Winters, on the topic of Constitutional Rights, Criminal Defense Misc, Dealing with Police

The Fourth Amendment of the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” That said, there are certain requirements for a valid search warrant:

The search warrant must be based on probable cause ;
It must state with specificity the place to be searched and what they are looking for;
There must be a connection between items to be seized and person/property being searched;
Finally, the warrant must be fresh.

In the event of a suspected search warrant violation; the burden falls to the defendant to prove a violation exists. However, in a warrantless search or seizure the burden shifts to the government to show that the search or seizure was justified.

Tags: probable cause, search warrant
Posted in Constitutional Rights, Criminal Defense Misc, Dealing with Police | No Comments »

Utah Man Facing Murder Charge with Help from Facebook

Jul

Utah Criminal Defense Blog, on the topic of Question, Utah Crime News

A few weeks ago we discussed an apparent murder where the victim was found beneath a mattress in a Salt Lake City motel. Police have charged Thomas Kumalac with murder and obstruction of justice, first- and second-degree felonies, respectively. First-degree felonies are punishable by five years to life in prison, while second-degree felonies carry a penalty of one year to fifteen years in prison.

Photo: Asthma Helper

Police were given some transcripts of Facebook conversations that Kumalac’s girlfriend had with her estranged husband. The transcripts included details of Kumalac’s alleged involvement with the murder. If law enforcement has enough evidence, they can obtain search warrants that grant them access to people’s Facebook, or other social media page.

With today’s technology, people can stay in touch with friends and family from anywhere in the world simply by using their smartphones to text, tweet and blog. You should take into account, however, that these methods of conversing are not the least bit private. Anything you send out for friends to read or see can also be accessed by many other people, some strangers and, as in Kumulac’s case, even law enforcement.

When it comes to using social media, you may want to be careful about who you allow to access your personal information. While the average person is not going to commit a crime and then discuss it on Facebook, many people post pictures of their children and even discuss vacation plans, times when their home will be unoccupied.

Think about you and your family’s safety and welfare and be cautious about giving too many details to people who might use the information for their own gain—and to your detriment. Social media can be a great way to share your life with others, but keep what should be private to yourself.

Tags: facebook, Felony, murder, search warrant, social media, utah
Posted in Question, Utah Crime News | No Comments »

When Can Police Search My Utah Home?

Dec

Angela, on the topic of Constitutional Rights, Dealing with Police, Evidence, Utah Law

The U. S. Supreme Court and the Utah Supreme Court have repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution.

Before an officer may search your Utah home, the officer must first secure a search warrant from a Magistrate Judge. There are a few exceptions to this general rule but the exceptions are narrow. Even though an officer does not have a warrant, if the officer is attempting to search your home, you should not resist the officer. Instead, step out of the way and let the officer do what he or she is going to do. Do not consent to the search but do not resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win in such situations and they are almost always a threat to your physical safety. If the officer asks you questions, you should respectfully decline to answer them. You are under no legal obligation to answer questions even if the officer has a warrant.

When dealing with the police remember the three golden rules:

1. Don’t trust or believe the police.

2. Don’t resist being handcuffed.

3. Don’t say a damn thing

Tags: search warrant
Posted in Constitutional Rights, Dealing with Police, Evidence, Utah Law | No Comments »

Legal Tip for your Halloween Party

Oct

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of Constitutional Rights, Dealing with Police

Photo: Alfonso Surroca

Halloween is a fun time of the year–people have parties, friends are dressed up, and everyone wants to have a good time. But you have to be careful: Salt Lake City cops are on heightened patrol looking for people to arrest. One of the easiest places they can do this is at a Halloween Party. If the neighbors make a noise complaint, cops can be at the door quickly asking you to (1) quiet down or (2) come in and see “what’s going on.”

The United States Supreme Court has repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution. The Utah Supreme Court has repeatedly acknowledged this same greater protection that exists for homes. It’s just like the saying, “Your home is your castle.”

Knowing this, the first thing you should do when when a cop knocks on the door is to step outside and close the door behind you. The officers might try to look inside your home, but try to close the door quickly. You don’t want to give them a reason to come in without a search warrant. The police might start asking you questions, but keep it simple: say that you are having a private party and will keep it under control.

If the officers ask to come inside, SAY NO! The only way (besides a few narrow exceptions) cops can get inside your home without your permission is with a search warrant. If a cop wants to “make sure everything is alright,” they can get a search warrant to do that. If you agree to let police search your home without a search warrant, anything they find can be used against you in court. Don’t let this happen! Even if you think nothing illegal is going on in your home, DO NOT consent to a search. You may know that the officer is an actual officer, but your friend who drank a bit too much may think the cop is wearing a lame costume and do something stupid. For your own protection and the protection of your party guests, DO NOT let the cops in your house!

An officer might say, “We will get a search warrant anyway, so why don’t you just save everyone time and just let us in.” If they say that, tell them to get a search warrant. Don’t do the cops any favors—make them do their job.

If an officer doesn’t have a warrant and still attempts to enter your home, you should not resist the officer. Instead, step out of the way and let the officer do what he is going to do. Do not consent to the search but do not resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win out in such hostile situations and they are almost always a threat to your physical safety.

If an officer tries to ask you questions, you should be respectful and decline to answer. You do not have to talk to the cops even if the cops have a search warrant. A search warrant only gives cops permission to search, not make you answer questions. If they start intimidating you or you feel uncomfortable, ask for an attorney.

When dealing with the police this Halloween season, remember the three golden rules:

1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.

Tags: search warrant
Posted in Constitutional Rights, Dealing with Police | No Comments »

When Utah Police say, “Can I search your vehicle?” Just Say No.

Sep

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of Constitutional Rights, Dealing with Police

Photo: US Army Korea - IMCOM

If you are driving on the street, pulled over, and a Salt Lake City cop asks to search your vehicle, ALWAYS SAY NO. You are only legally required to give the cop your license and registration. After that, you do not have to do anything.

Even if you have nothing to hide, just say no. If you share a car with someone, it is possible that the previous driver may have left something illegal in the car that you didn’t know about. If you let the cops search your car, they’ll find the illegal item and blame you for it. Don’t let this happen! Just say NO!

If you do have something to hide, still say no to the cop. Too many times, a person will knowingly have an illegal item in their possession. The cops will not even suspect that the person has anything illegal, but they’ll ask to search the car. The person becomes scared and allows the search of the car. Inevitably, the cops find the illegal item. Don’t let this happen! Just say NO!

An officer can only legally search your car with your consent or if he has probable cause that you have committed an illegal offense. Do not ever give your consent. If the officer has a basis for searching, or if the officer says he is going to get a search warrant, simply allow the officer to do his job, but explain that you are not consenting to the officer searching either you or the car.

However, if you are arrested for a DUI or outstanding warrant, the cop has the right to search your car. You can avoid that situation by not driving under the influence and taking care of outstanding warrants.

If you made the mistake of consenting to a search and the police found something incriminating and you were charged, contact an attorney immediately to see how they can help you.

Tags: police, search, search warrant
Posted in Constitutional Rights, Dealing with Police | 1 Comment »

Utah Criminal Question: Should I invite police into my Park City Home?

May

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of Dealing with Police, Question

Q: There was a burglary in my Park City, Utah neighborhood, so police officers were wandering the neighborhood asking people if they saw the burglary suspects or anything suspicious. When they got to my door, I politely invited them in and even offered them a drink of water. Then one of the officers tells me that he saw a marijuana joint on my kitchen table and goes to arrest me. I was like, “what?” Yeah, I forgot that I left a joint on the table, but I was really nice to these guys and invited them into my home. Was this legal?

Your first mistake was inviting the cops into your Park City home. Never, ever do this! Even if you don’t have anything to hide, police should not be allowed into your home. You could have talked to them on your front porch rather than inviting them in. If you wanted to offer them water, you still could have done this on your front porch.

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Tags: plain view doctrine, police, search warrant
Posted in Dealing with Police, Question | No Comments »