Do police have to show me a warrant before they can
enter my home?
In most circumstances, the
Fourth
Amendment requires that police obtain a search warrant or
arrest warrant in order to enter your home
without your permission or consent. But police may not be required to
show you the actual piece of paper before entering
your home.
If police enter your home, even by just an inch to "peek" around the
corner, it may be considered a "search" for purposes of the Fourth
Amendment. Under Utah law, if police do not have a warrant to search
your home, evidence found by police during that search or as a result
of other information found during the search can be suppressed.
If you are facing criminal charges in a case that involves a search of
your home, it is vital that you consult with an experienced criminal
defense attorney to ensure that your rights are protected. Contact us
today to arrange for an initial confidential consultation with Utah
criminal defense attorney Stephen Howard. Based in Salt Lake City, Mr.
Howard provides legal servises to clients throughout Utah.
Do I have to give consent to search my home?
If police ask for your consent to enter or search your home, you are
free to say no. Police officers will often try to obtain consent to
search, either to avoid the hassle of getting a warrant, or to perform
a search when they do not have the probable cause necessary to get a
judge to approve a search warrant.
Many attorneys will advise you to never give a police consent to search
your home, your car, your person, or any property under your control.
Even if you believe that there is no incriminating evidence to be
found, there are still risks in giving police consent to search.
Some police may imply that you are somehow showing guilt by refusing
their request for consent to search. But you are perfectly withing your
consititutional rights to politely decline a police officer's request
for consent to search.
Can I ask to see the warrant before I let the officers in my
house?
If an officer comes to your home and claims
to have a search warrant, you are free to ask to see a copy of the
warrant. The officer may be willing to show you the warrant, but is not
necessarily required to present a copy of the warrant for your review.
If the officer refuses to show you the warrant, you
should not attempt to physically resist having the officer enter your
home. Physical resistance could result in you being charged
with
assault
against a police officer, interferring with an officer, disorderly
conduct, or other charges.
The place to contest the validity or existence of a search warrant is
not on your front porch. If you have concerns or questions
regarding whether the police actually had a valid warrant, you should
speak to an experienced Utah criminal defense attorney. A motion to
suppress filed with the court may result in an order from the judge
prohibiting the prosecutor from using any of the evidence found as a
result of an unconstitutional search.
There are a number of procedural steps and factual standards that a
police officer must follow in order to obtain a valid search warrant in
Utah. If the warrant fails to meet the necessary
requirements, a Utah judge may
suppress
evidence obtained as a result of the flawed warrant.
Finding a Criminal Defense Attorney in Utah

If
you are facing criminal charges in Utah, you need an experienced
criminal
defense attorney on your side. Based in
Salt
Lake City, Stephen Howard has a
track
record of achieving real results for his clients.
Contact us now to schedule
an initial consultation.
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