Probable Cause is Justification Probable cause is the measure of justification that is necessary for any full scale intrusions such as searches, seizures, and arrests. When Utah police officers act pursuant to a warrant, the determination of whether probable cause exists is made by a judge prior to the proposed invasive action. Utah law enforcement is permitted to act without…
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Criminal Rights
Salt Lake City Man Charged with Murder from 2000
Salt Lake Man Charged with Murder from 2000 David McNeill will have to stand trial. Today, a Third District Court Judge found that probable cause existed for the charge of First Degree Murder against Mr. McNeill at a preliminary hearing. As such, Mr. McNeill must now rely on a jury of his peers or hope for a plea bargain workout with…
What a Search is Under the Fourth Amendment in Utah
The Fourth Amendment Protects You From Police Searches The fourth amendment of the federal constitution provides that the right of people to “be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated.” What exactly constitutes a “search” under the amendment though? The definition of what a “search” is within the fourth amendment…
Utah Police Must Give Miranda Warning to Those in Custody
Your Right in Utah to be given a Miranda Warning Every person in Utah has a constitutional right to keep silent. People are not required to admit anything to police officers and may have an attorney present anytime police wish to question individuals. If police wish to take people into custody and question them for crimes such as Homicide, they…