The immigration bill permitting law enforcement to check the immigration status of anyone charged with a class A misdemeanor or above may find itself getting repealed. HB 497 and HB 116 (guest worker permit program) are still on Utah lawmaker’s table, this time with discussion of repealing both laws. The two different laws created a firestorm of discussion in Utah this year and animosity arose on both sides of the aisle. From a Criminal Defense standpoint, HB 497 does not make a lot of sense. A person should be punished for the crime committed, and his case should not be influenced by his immigration status. The coming weeks should give us a better idea of what is going to happen with these bills.
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