The fourth amendment of the United States constitution prohibits unreasonable searches and seizures. The US Supreme Court has said that searches without a warrant are unreasonable but the Court has created many exceptions to this rule. The many exceptions to the warrant requirement of the fourth amendment are used by police on a daily basis. Utah police actively search individuals without a warrant and they can do so legally. To the average person who does not understand the law, he or she may have difficulty understanding when an officer is justified to search him or her. The difficulty in understanding fourth amendment law is one of many reasons any person charged with a crime should be represented by a Utah criminal defense lawyer. A Utah criminal defense lawyer understands the law and will protect a defendant’s criminal rights.
Drugs, Cars and Searches in Utah
One of the most commonly used exceptions to the warrant requirement is the ability for the police to search a car without a warrant. The crimes that usually occur as a result of these searches are drug-related charges such as possession of marijuana. If a Utah police officer pulls over an individual for speeding and then smells marijuana coming from the car, that may give the officer reason enough to search the car for drugs without a warrant. Or, if someone has a warrant out for his arrest, and he is pulled over, an officer may be able to search the car as part of the arrest, but only certain areas of the car. Other restrictions are also placed on police in certain circumstances. A Utah criminal defense lawyer knows the other exceptions to the warrant requirement.
People’s vehicles in Utah are often searched because they give consent to an officer to search the vehicle. When a person gives consent then a warrant is not required. Individuals should never give consent to an officer to search a car regardless of whether they have something to hide or not.
Contact a Utah Criminal Defense Lawyer for Drug Charges
If you have been charged with a drug crime or other criminal offense as a result of a warrantless search, contact a Utah criminal defense lawyer from Salcido Law Firm. A SLF attorney will make sure your fourth amendment rights were not violated and that the police had the authority to search your car without a warrant. Call 801.413.1753 to set up a free consultation with a defense attorney today.