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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Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
Dismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
Released - Client absconded for more than 10 years from felony probation with
Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
- Recent Posts
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....
Consequences »
Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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