Category: Constitutional Law
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Fifth Amendment Rights
The Fifth Amendment to the United States Constitution guarantees each person the privilege against self incrimination. This privilege (sometimes referred to as the “right to remain silent”) can be one of the most important rights in Utah criminal…
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Fourth Amendment – Unreasonable Searches
Constitutional Protections in Utah Criminal Cases The Fourth Amendment guarantees protection against unreasonable warrantlesssearches and seizures. If the police have obtained evidence in violation of the Fourth Amendment, that evidence may be ordered suppressed by a judge. As…
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Fifth Amendment – Protecting the Innocent
Fifth Amendment Rights and Miranda Warnings The following was written by Utah Attorney Stephen Howard and first published in the Deseret News on May 1, 2016 in a slightly edited form. Celebrating 50 Years Since Miranda v. Arizona…
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Presumption of Innocence – Do We Still Believe?
Justification Hearings and the Presumption of Innocence in Utah Self Defense Cases HB 227 was passed by the Utah Legislature in 2021, creating certain procedural safeguards for a person charged with a violent crime when the available evidence…