In 1968 the United States Supreme Court decided the case Terry v. Ohio, 392 U.S. 1. From that case is what came to be known as the Terry Stop Exception to the Fourth Amendment. This exception permits a policeman who lacks probable cause but whose observations lead him reasonably to suspect that someone is committing a crime, or just committed a crime,…
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Search Seizure
No Knock Warrants in Utah Are Dangerous Tools
A man’s house is his castle as we’ve heard for hundreds of years…but in our day and age that adage does not seem to apply. Law enforcement are exercising what are known as “no knock warrants” more and more. In fact, the last 30 years there has been a significant increase in the amount of no knock warrants and with…
Traffic Stops in Utah
DUI and Drug Crimes Salt Lake Lawyer As you probably know, a law enforcement officer can make a traffic stop for nearly any reason, for the simple fact that everything is illegal when driving. There are more protections for the driver, however, once the stop is made. The cop cannot just conduct a search of one’s vehicle if the only…
Utah Traffic Offenses that Can Result in a Lawful Stop by Police
Utah Traffic Stops and Search and Seizure Many if not most people who are charged with crimes are charged as a result of being pulled over by a police officer and then after one thing leads to another a search and seizure takes place and incriminating evidence is found. This is especially true in Utah DUI cases and drug crimes. …
Utah Search Warrant Law – Plain View Exception
Defense Attorneys Protect Your Fourth Amendment Rights One of our basic constitutional and human rights is to be free from unreasonable searches and seizures without a warrant issued under oath by a magistrate. Over the many years of our Republic the law of search and seizure under the Fourth Amendment has changed significantly and there are a myriad of exceptions…