In State v. Applegate, 2008 UT 63, the Utah Supreme Court addressed this very issue.  In that case the defendant had been driving a car with Colorado license plates and an officer had observed her driving this car for approximately five months.  The officer pulled her on grounds that the vehicle should have been registered in Utah within 60 days.  After pulling her over he developed reasonable suspicion that she was impaired.  He conducted field sobriety tests and arrested her for driving under the influence.  A subsequent chemical test revealed that she had meth in her system.  Marijuana was found in her vehicle.

She challenged the search by arguing that the officer did not have reasonable suspicion because she was not the owner of the vehicle, and therefore, she was not in violation of not having registered the vehicle in Utah.  Since she wasn’t violating any traffic laws, the stop was illegal.  The Utah Supreme Court did not agree.  The officer was not required “to rule out innocent conduct prior to the stop.  Instead, he was only required to reasonably suspect that [the driver] was violating any one of the multitude of applicable traffic… regulations.”  Because the officer suspected that the driver was violating the law, that was enough.  So basically, law enforcement doesn’t even have to be right, they just have to have a hunch that someone is violating a law.

Perhaps you have been arrested as a result of a traffic stop.  Call our criminal defense lawyers for more information about whether the officer involved in your case had the requisite reasonable suspicion to stop your vehicle.

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Many people in the Provo area have experienced police roadblocks.  Roadblocks, often called checkpoints, are places on a road where many police officers or Utah County sheriffs stop vehicles so officers and deputies can inspect all drivers and vehicles passing along that road.  Roadblocks usually happen around holidays and celebrations when law enforcement believe many people party and drink.  The purpose of a roadblock is usually to deter DUI’s and to prosecute those driving under the influence of alcohol or drugs.

Constitutional Limits of Roadblocks in Utah

The police typically lack probable cause to believe any particular driver who is stopped has broken any law, so many question the constitutionality of roadblocks since probable cause is required for police to usually stop and question motorists.  Roadblocks, therefore, potentially violate the Fourth Amendment’s protection of unlawful searches.  But while many Fourth Amendment advocates may believe that roadblocks are unconstitutional and illegal, court have ruled that they are permissible when conducted in certain ways.  For a roadblock or checkpoint to be valid under the Fourth Amendment’s protections, police in Provo and the rest of Utah County must follow the same procedures with respect to all drivers on a road that has been targeted for a checkpoint.  Utah County law enforcement cannot discriminate against any particular motorist.

Even if police in Provo or other Utah County cities follow the same procedures for every driver, a roadblock could still be found illegal.  A roadblock’s purpose must be closely tied to highway safety, like preventing a DUI, and cannot be directed only at general crime control, such as stopping child pornography.  The U.S. Supreme Court has ruled that the following types of roadblocks are legal: Sobriety (DUI) checkpoints, illegal immigrant checkpoints in areas near border crossings, and investigatory checkpoints to gather evidence to help solve a crime.  The Court has found that a narcotics checkpoint (drug crimes) is not valid.  A Provo Criminal Defense Attorney knows what a police officer can or cannot do at a checkpoint.

Busted Because of a Roadblock? Contact a Provo Criminal Defense Attorney

If you have been charged with a crime, such as a DUI, because of a roadblock, call a Provo Criminal Defense Attorney.  A Provo Criminal Defense Attorney will protect you rights and make sure the police were in the constitutional limits of a roadblock.  Call 801.800.8246 for a free consultation with a Provo Criminal Defense Attorney today.

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The Fourth Amendment of the United States Constitution says “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”  Unfortunately for most Provo residents, the Fourth Amendment is unknown to them or not understood.  Provo, and other Utah County city residents, have many rights protected under the Fourth Amendment but too few fail to realize its protections.  It protects police from abusing their authority, and keeps them from just walking into anyone’s home and searching through every personal detail.

Provo Residents Don’t Have to Consent to Searches

The Fourth Amendment may sound simple enough to understand but the inconvenient reality is, like most areas of the law, there are many gray areas of the amendment’s jurisprudence.  The muddled nature of search and seizure law is why there are Provo criminal defense lawyers to protect individuals’ rights from invasive action by the government.  Despite the law being complicated and confusing at times, it is important for people to understand their rights.

The biggest right people in Provo and the rest of Utah County fail to realize is that they can say no to a police officer’s request to search a home, business, or vehicle.  Summed up, without a search warrant property is held to be private and usually cannot be searched without an owner’s consent.  What this means for people in Utah County is that if a police officer asks to search property, the owner has the right to say “No.”

The police can be intimidating and will often attempt to intimidate people into allowing them to search their property but people can still say no.  Saying no does not implicate any guilt either.  It simply means one is exercising his constitutional rights.  Many Utahans are charged with something like drug possession because they allowed police officers to search their property.  Even if someone has nothing to hide, he should still not consent to police searches in order to protect his rights.

Provo Criminal Defense Lawyers Protect 4th Amendment Rights

If  the police knock on your door and want to search your home, or they pull you over and ask to search your vehicle, you can and should say no.  If the police have already searched your property and you are now being charged with something like possession of marijuana, call a Provo Criminal Defense lawyer.  A Provo Criminal Defense lawyer understands Fourth Amendment law and will fight hard to protect your rights.  Call 801.800.8246 to speak with a lawyer today.  Consultations are free and a lawyer will help you understand what you need to know to move on from a criminal charge.

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Provo police and other Utah County police agencies are probably wishing the Utah Supreme Court would hand down a ruling like the ruling the Indiana Supreme Court issued this past week.  They would probably think this because the ruling greatly expands their power to violate individual privacy rights and set aside that pesky constitution so many police officers find too restricting.  Provo criminal defense lawyers hope that Utah courts don’t follow Indiana so individuals are protected from police abuse.

Court Ruling Practically Abolishes 4th Amendment

The Indiana Supreme Court this past week basically found that the Fourth Amendment no longer restricts police officers from entering a home without a valid warrant.  Traditional law dating back to the Magna Carta as well as the Fourth Amendment prohibit officers from entering one’s home without either permission or a valid search warrant issued by a court.  In Barnes v. State, however, the Indiana Supreme Court ruled that a police officer does not need permission from a homeowner to enter a dwelling even if the officer doesn’t have a warrant.

The Barnes court found that a man was guilty for offenses such as assault on a police officer because he would not allow police to enter his home and attempted to physically restrain them.  The officers were investigating a domestic violence case and did not have a warrant at the time.  With the ruling by the Indiana Court, a police officer in Indiana can enter into anyone’s home at anytime for any reason and the homeowner can do nothing to stop the officer.  The Court said that if the officer entered unlawfully then the homeowner could use the court system to rectify the problem. What’s strange though, is that if the Court says an officer can enter one’s home anytime for any reason, how could an officer ever enter unlawfully?  Utah criminal defense lawyers are grateful they don’t have to deal with this ruling in Utah.

Utah County Police Don’t Have Unlimited Powers

Utah County residents should be happy that they don’t live in Indiana.  The Fourth Amendment is still protected in Utah County but that doesn’t mean Provo and other city police agencies don’t violate this great amendment.  Call a Provo Criminal Defense lawyer if you have been charged with a crime.  Our attorneys will make sure your Fourth Amendment rights are protected.  Call 801.800.8246 to speak with a Provo Criminal Defense lawyer today.

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Warrants Are Needed in Most Searches

In most instances, Provo police are required to obtain a valid search warrant before they search the property of a criminal suspect.  A warrant is a judicial authorization for police action to search a particular place.  Requiring authorization of a judge prior to a proposed search affords protection against unilateral action of over zealous police officers.  This is why the US Supreme Court has traditionally articulated a preference for warrants though they do provide for exceptions when a warrant is not necessary.  If a case doesn’t fall within an exception, Provo police are required to obtain a search warrant before conducting a search.

The basic purpose of the warrant process is to place a disinterested judge between the police and the person the police seek to search.  “The point of the fourth amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of  the usual inferences which reasonable men draw from evidence.  Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged int eh often competitive enterprise of ferreting out crime.” Johnson v. U.S.

Warrants and Consenting to Searches in Provo

A warrant must meet certain requirements.  They are 1). it must be issued by a neutral and detached judge; 2). police must present to the judge an adequate showing of probable cause supported by oath or affirmation; 3). the warrant must describe with particularity the place to be seized.

Though warrants are needed in most situations, Provo police officers are usually able to bypass a warrant by gaining consent from a person to search his or her property.  Many people are convicted of crimes, such as felony drug possession, because they gave officers permission to search.  Never give permission to police officers to search your property.  Make them receive a search warrant in order to search your property.  You don’t have to allow them to search if they ask you.  Contact a Provo Criminal Defense Lawyer if they want to search your property.

Provo Criminal Defense Lawyer Protects You From Unlawful Searches

If the police want to search your property without a warrant, or you have been charged with a crime because of evidence obtained from a warrantless search, call a Provo Criminal Defense Lawyer today.  A Provo Criminal Defense Lawyer will make sure your rights are protected by finding out if the police followed your constitutional protections.  Call 801.800.8246 for your free consultation with an experienced criminal defense lawyer.

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In the past, lawyers practiced “trial by ambush.”  Each side had to guess what the other side would present, and hope they could deal with surprises.  Civil discovery has changed this practice to allow opposing sides to know what evidence will be brought against them.  Discovery in Criminal Law has not moved so far.  Trial by ambush is not the rule anymore, but criminal discovery in Utah does not emulate the open file approach common in civil litigation.  Criminal defense attorneys fight for the evidence they need to protect your rights.

The U.S. Supreme Court has held that the due process clause in the US Constitution requires the state to disclose to a defendant evidence that is material and favorable to the accused such as a blood alcohol test in a DUI case.  The court has defined the term material restrictively to require disclosure only if there is a reasonable probability that the verdict would have been different had a criminal defense lawyer received the evidence.

Not All Evidence in Utah Criminal Trials Must Be Disclosed

The result is that the nature of the prosecutor’s constitutional duty to disclose has shifted from an evidentiary test of materiality that can be applied rather easily to any item of evidence, to a result-affecting test that obligates a prosecutor or an appellate court to make a counterfactual, retrospective prediction.

The Supreme Court does not require the prosecution to disclose all exculpatory and impeachment materials; it need only disclose material that, if suppressed would deprive the defendant of a fair trial such as a seizure of drugs revealed the items were not drugs at all.  The rule only applies to material information so nonmaterial information may remain undisclosed.The prosecutor’s  duty is a continuing one; whenever he or she uncovers material evidence about the defendant’s case, it must be disclosed.  The disclosure is automatically required and does not depend on whether the defendant had made a generalized or specific request for exculpatory material.

Provo Criminal Defense Lawyers Fight For Evidence

Criminal proceedings are stressful and complex.  Call an attorney from Criminal Defense Provo so you can rest easy about your criminal charges.  A lawyer from Criminal Defense Provo knows your rights and will protect them from a prosecutor’s abuse.  Call a lawyer toady at 801.800.8246.

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The eighth amendment of the U.S. Constitution states that “excessive bail shall not be required.”  Some individuals believe that this means that all defendants must be constitutionally entitled to some level of bail.  After all, if a Utah court did not offer bail to a defendant then it could not be excessive and the provision would become meaningless.  A Provo criminal defense lawyer help to ensure bail procedures are correctly followed.

The U.S. Supreme Court has never held that bail is constitutionally guaranteed, and intimated that it in fact is not.  Most of the reasons for this are historical.  Defendants charged with offenses that carried the death penalty were never afforded the opportunity for bail.  The Court has thus reasoned that because of this historical precedent, there are some exceptions to the otherwise plain meaning of the eighth amendment.

Bail in Utah not Applicable in all Criminal Cases

In Utah, all offenses are bailable except in certain situations involving a felony and substantial evidence to support the charge.  Non-bailable situations include the following: 1.) capital felonies, 2.) felony committed while on probation, parole, or while already on bail awaiting trial on a felony charge, 3.) a felony charge and the court finds by clear and convincing evidence the person would be a substantial danger or is likely to flee jurisdiction of the court, 4.)  felony where the court finds by clear and convincing evidence the person violated a material condition of release while previously on bail.

The capital exception was established when most felonies were subject to capital punishment.  A Utah defendant facing death , particularly if the evidence is strong, might skip out of town if let out on bail and never return for trial.  Some states have precluded bail for non-capital offenses and some statutes have been held unconstitutional.

Utah Criminal Defense Attorneys Protect Felony Bail Rights

If you or a loved one is arrested for committing a crime, call a criminal defense lawyer from Provo Criminal Defense.  An attorney from Provo Criminal Defense will fight for your bail rights and help you get released from jail while awaiting trial.  Call 801.800.8246 to speak with a lawyer today.

The post Utah Crimes Restricting Bail | Provo Criminal Defense appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Since the most important immediate concern of arrested defendants is getting release from jail, initial bail determinations are often made in informal settings, without counsel, and often without any set procedures in Provo.  This should not be too surprising because defendants are usually not anxious to delay the moment of the first determination of bail, hoping that the decision will allow them to go home.

Sometimes in Utah, for minor offenses such as traffic violations, police officers may be able to set the bail (or release a suspect on a summons or citation) in the police station.  Initial bail decisions are sometimes made on the basis of what may be scant evidence–usually hearsay evidence of some sort.  Again, however, waiting for evidence which would be admissible by law, and for the defendant to obtain evidence supporting the desire for low or no bail might result in a delay of the defendant’s release.

Lawyers may Represent Defendants at Bail Hearings

There appears to be no definitive answer relating to whether the defendant or the prosecutor has the burden on the question regarding the risk of the defendant failing to appear for court, or what the standard of proof is.  The prosecutor must rely on whatever information is available at the time to carry the burden.

While Utah does not preclude a lawyer from representing a defendant at the first determination of bail, requiring an appointed counsel be present at that first determination would be too difficult.  The US Supreme Court has said that a bail hearing is not a critical stage in the criminal proceeding, so it is not necessary for a defendant to have an attorney present or be assigned one.  Of course, whether at the initial bail hearing or at any later proceeding, the defendant’s counsel will be allowed to participate in that proceeding.

Provo Criminal Defense Lawyers Represent at Bail Hearings

If you or a loved one has been arrested and is set to appear at a bail hearing, call the Provo criminal defense attorneys from Criminal Defense Provo.  It is never a good idea to appear before a judge or to talk with Utah police without a lawyer.  Criminal Defense Provo attorneys will ensure you are protected at a bail hearing and will help you get out of jail.  Call them at 801.800.8246 for all your criminal defense needs.

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The Fourth Amendment prohibits unlawful searches or seizures in Provo.  A Provo law enforcement officer must receive a search warrant first to search people’s property.  Only in certain circumstances may an officer search without first obtaining a search warrant.

The Fourth Amendment applies only to governmental, not private, conduct in Utah.  Where the actor is an agent of federal, state, or local government, this requirement is met.  Where, however, a private party acting on his own accord acquires evidence that the government later seeks to introduce in a criminal case, neither the Fourth Amendment nor its exclusionary remedy is implicated.

A Private Individual Can Implement the Fourth Amendment

When a private individual acts at the direction of a government agent or pursuant to an official policy in Utah, the search implicates the Amendment.  Thus where a police officer directs an airline or hotel employee to open a travelers suitcase, the Fourth Amendment is triggered.

Two factors considered in determining whether the private party is acting as an instrument of the state are: 1.) the degree of government encouragement, knowledge, or acquiesce with regard to a private actor’s conduct; and 2.) the purpose underlying the private party’s action was pursuing a governmental interests. If the private party acted to promote his own personal or business objectives, the action would be private in nature.

Thus when an airline employee opened a suspicious package and turned the white powder found inside over to the Drug Enforcement Agency (DEA), the search was not deemed purely private because: 1.) the employee had previously reported information and turned over packages to the DEA on 11 occasions, sometimes receiving a small payment, and thus acted with the governments acquiescence; and 2.) he testified that he opened the package in order to discover evidence of a crime, with the expectation of a reward from the DEA, and not for any purpose of his employer.  The Fourth Amendment was therefore triggered.

Make Sure Your Property was Searched with a Warrant

Provo law enforcement must have a search warrant to search your property.  A private party must also have a search warrant if he is acting on behalf of law enforcement.  If you have been searched without a warrant then call an attorney from Criminal Defense Provo.  A criminal defense lawyer will help protect your rights and fight to keep materials acquired without a search warrant by police from being used against you in a criminal case.  Call 801.800.8246 for a free consultation.

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