Before the recent U.S. Supreme Court ruling in Arizona v. Gant, police could arrest you and then search your car for “officer safety.”  The reasoning, from a previous Supreme Court ruling (New York v. Belton), was that an arrestee standing near the car might reach into the vehicle to grab a weapon and injure the police officer.

Many legal scholars and attorneys thought that this standard failed to meet the standard of probable cause.  That is, after arresting someone, the police officers wouldn’t have probable cause to search the vehicle because the arrestee wouldn’t have access to the vehicle.

Thanks to the new Supreme Court ruling, police officers in Utah  cannot simply arrest someone and then search the car.  The only way police in Utah can search an arrestee’s car is if they reasonably believe that (1) the arrested individual might access the vehicle at the time of the search; or (2) the arrested individual’s vehicle contains evidence of the offense that led to the arrest.

Remember, if you are arrested and police ask to search your car, refuse!  If they do search the car without your consent, do not argue and let them.  This is a legal issue that can be dealt with later by an adept and seasoned Utah criminal defense lawyer.

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.