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…
What is a Preliminary Hearing? One of the rights afforded an adult criminal defendant in the State of Utah is to have a preliminary hearing, which is a hearing in which the prosecutor is required to present evidence to the judge which establishes probable cause. It is in a limitation on the government’s power to criminally charge individuals unfairly or…
Who has a Right to Bail in Utah? The Utah Legislature has passed a new statute addressing criminal defendants’ right to bail. One of the most important changes addresses who has a right to bail and who does not. Those who do not have a right to bail include the following: Capital crimes – Individuals charged with capital felonies (i.e.,…
The Law Regarding Windshield Objects is Very Specific If you are thinking of placing a GPS unit in your car by affixing it to the windshield, think again, as this is likely to make you vulnerable to being pulled over and issued a citation. Police don’t care so much about a violation of that minor traffic offense as they do…
Are there Custody Factors A Court Must Consider? Yes. A court is granted the sole authority for determining whether joint physical custody would be in the best interests of a child, but it is not solely at a court’s discretion. Instead, the court must carefully consider a number of statutorily prescribed custody factors to determine whether joint physical custody would…
The Gang Enhancement Can Apply to Even Non-Gang Members In an effort to stymie the increase in gang related crimes the Utah Legislature added an additional penalty known as the “gang enhancement” – which increases any charge by one full degree – to crimes committed by gang members…or at least that was the intention. In reality, the statute as written…
Cohabitant Now Includes Sexual Partners Historically in Utah a person could be charged with domestic violence only if the alleged domestic violence victim was the spouse of the perpetrator or at least closely related or associated by blood or children. Utah makes domestic violence offenses specific to perpetrators and “cohabitants.” A “cohabitant” included, until recently, only the following: Your husband…
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…
Rule 412 of the Utah Rules of Evidence is Utah’s “rape’shield” law. What is a Rape Shield Law? A rape shield law is a rule of evidence that prohibits criminal defense attorneys from introducing evidence of prior sexual activity engaged in by an alleged victim of a sexual assault. The logic for such a rule is that juries, when deciding…
Defendants cannot be convicted of both a lesser included offense and the greater crime. A lesser included offense is a term used in criminal law for a crime that’s contained within a more serious crime. You can’t commit the primary or greater offense without having also committed the lesser. In order to determine if one crime should be included within…
