Davis County Utah

PROTECTING YOUR RIGHTS.

DEFENDING YOUR FUTURE.

QUICK QUESTIONS & ANSWERS

Call US – 801-449-1409

Stephen Howard — Criminal Defense Attorney

Can police search my home without a warrant?

Your expectation of privacy in your home has been recognized by courts as requiring some of the strongest protections under the Fourth Amendment. Sometimes referred to as the “castle doctrine,” courts generally disfavor police entering and searching a person’s home without a warrant. Welfare checks (aka community caretaker) and hot pursuit are two recognized exceptions to the warrant requirement. But the legality of a warrantless search of your home is going to depend on the specific circumstances involved.

The best defense attorneys ask questions that police don’t.

What does a search warrant allow police to do? A judge or magistrate in Utah can issue a search warrant that authorizes police to search a specific location and to seize items, objects, records, or other evidence relating to a crime. Utah’s Supreme Court has stated that without a warrant, a search and seizure conducted by police is presumptively unreasonable. Without a warrant, a prosecutor must be able to… Read More
Can police use evidence if they obtained it illegally? Utah courts will suppress or exclude evidence if a judge determines that police obtained it through conduct that violates the Fourth Amendment rights of the person charged. Additional evidence that police find as a result of an initial search conducted in violation of the defendant’s Fourth Amendment can also be suppressed by a judge as “fruit of the poisonous tree.”… Read More
Can police search my car without my consent? As a general rule, no. But there are several exceptions to that general rule. The Fourth Amendment protects against unreasonable search and seizure. Without consent, warrantless searches are generally presumed to be unreasonable unless they are done under one of exceptions that have been recognized by the courts. Probable cause alone does not establish an exception without exigent circumstances.
What should I do if I am arrested? If you are arrested or detained by police, stay calm and do not resist physically. Even small physical actions can be misinterpreted as resistance or as potential threats. It is important to exercise your right to remain silent, and to ask to speak with your attorney. Simply saying “I don’t want to answer questions” can still leave the door open… Read More