A Protective Sweep is an Exception to the Warrant Rule. Generally speaking, law enforcement officers cannot enter your home to conduct a search without a warrant. Such searches are per se unreasonable, unless there is an applicable exception. Over the decades, the Supreme Court of the United States has carved out a number of exceptions to the warrantless search rule. One…
We Fight for All Three
Search and Seizure
Can Someone You Live With Give Your Computer to the Police?
A Computer Owner May Give His Consent to a Third Party The Fourth Amendment to the United States Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. CONST. amend. IV. Physical entry into the home is the “chief evil against which the wording of the Fourth Amendment is…
In Utah, Signal for Two Seconds Before Changing Lanes
Signal for at least two seconds before changing lanes or get arrested. In Utah, a driver must signal for two seconds before changing lanes. Romeo Lucero Olivarez activated his turn signal on an Interstate 15 exit ramp and in one motion moved across two lanes of traffic, but he didn’t signal for at least two seconds before moving to each lane.…
How does the Inevitable Discovery Doctrine Apply to Warrantless Searches?
The Inevitable Discovery Doctrine did not Apply in the Brierley Case In the Brierley case, the Utah Supreme Court held that the inevitable discovery doctrine did not apply. Two Layton City police officers investigated a hit-and-run accident by entering a private residence with neither permission nor a warrant. They discovered evidence linking Ms. Brierley to the accident. Brierley moved to suppress…
What is the Scope of a Gramma Request?
What Exactly can be Obtained Through a Gramma Request? One can obtain even individual financial records through a GRAMMA request. Article I, section 14 of the Utah Constitution prohibits state actors from conducting unreasonable searches and seizures. The state can seize evidence without violating section 14 if it uses a valid warrant or subpoena. In Shroeder v. Utah Atty. General’s…
Dogs Are Protected Against Unreasonable Search and Seizure
Police Killing A Dog Can Be Considered a Violation of the Fourth Amendment The Fourth Amendment protects dog owners against law enforcement killing their canines. Kent and Tonya Mayfield brought this action against Deputy Jim Bethards under 42 U.S.C. § 1983, claiming he violated their Fourth Amendment rights by killing their pet dog. The Mayfields claim that Deputy Bethards entered…