Can police search a vehicle
just because the driver has a prior drug conviction?
The
Fourth
Amendment to the United States Constitution and the Utah
constitution both protect people from unreasonable warrantless
searches of their property or person. In order to justify a
search of of person's vehicle, the police officer will normally have to
show probable cause or, at a minimum, a reasonable articulable
suspicion of a crime. Speaking with an experienced
Utah criminal defense lawyer can help you determine whether a motion to suppress evidence may help your criminal case.
The fact that the driver of the vehicle has a prior drug conviction, by
itself, will not be sufficient to satisfy the Fourth Amendment or Utah
constitutional requirements. Of course, if the police officer
knows that the driver he has pulled over has a prior drug convictions,
the officer may be much more thorough in his investigation, and may end
up finding a reason to search the vehicle.
Suppose, for example, that a driver is pulled over for having expired
registration. The officer may legally impound the vehicle.
When a vehicle is impounded by police in Utah, normal
procedures will require the officer to conduct an "inventory search" of
the vehicle to determine its contents. If, during the course
of that inventory search, the police officer finds evidence of other
criminal activity (e.g. drugs or drug paraphernalia), additional
criminal charges may result.
If the driver of the vehicle has no prior criminal charges and a clean
driving record, the officer may be more likely to let the driver go
with either a warning or with a citation and instructions to contact
the court. If the officer knows that the driver has prior
drug charges, the officer may be more inclined to use the traffic stop
as an excuse to search the vehicle.
Most drug charges in Utah are
felonies,
but even a
misdemeanor
possession
or
paraphernalia
charge can have serious
consequences.
If you have been pulled over and police found evidence to
charge you with a crime, you should talk to an experienced
Utah criminal defense attorney
to determine if a
motion
to suppress or other defense options will help your case.
Stephen Howard has handled literally thousands of serious
felony charges during his career, and has a
track record that speaks
for itself.
Contact Salt
Lake City defense attorney Stephen Howard to discuss your
Utah criminal defense case today.

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