Can a police officer stop
me in Utah based on a hunch?
A police officer can stop you and arrest you if he has a warrant.
Without a warrant, the officer must demonstrate either "probable cause"
or a "reasonable articulable suspicion" of a crime. If you have been
arrested, detained, or charged with a crime in Utah, it is important to
have the assistance of an experienced
criminal
defense attorney.
Stephen Howard has successfully protected his clients rights in
thousands of s,
felonies,
and
misdemeanor
charges.
Contact us today to
arrange for an initial consultation.
Probable Cause and Reasonable Articulable Suspicion

While an officer's attention may at first be drawn to a suspect based
on a some kind of "gut feeling," before the officer initiates a stop or
arrest, the officer must observe articulable facts sufficient to
support a finding of probable cause ("PC") or reasonable articulable
suspicion ("RAS"). Analysis under the
Fourth
Amendment for either PC or
RAS requires a very fact-specific
inquiry.
The act of driving slowly through a neighborhood, by itself, could be
merely an indication that the driver is lost or looking for an address.
If that fact ombined with other circumstances or observations
(e.g.
it is 3:00 a.m.ndis driver is wearing a ski mask in the middle of
summer), then the officer may have a sufficient basis under the Fourth
Amendment for an investigatory stop. If there has been a report of a
home
burglary
just moments before in the immediate vicinity, the
officer might have sufficient basis for a warrantless arrest.
A person standing on the corner may simply be waiting for a friend. If
the corner is in a "high crime" area, the person is known to police
officers as a
drug user, and a police
officer observes a hand-to-hand transaction with another person, the
officer could may have sufficient basis for an investigatory stop.
The concept behind RAS is that the suspicion must be both
reasonable and "articulable" - meaning that the officer has to be able
to articulate facts that support his suspicion. A "suspicion" that is
not based on any articulable facts is
often referred to as a "hunch" by the courts. Case law in Utah
establishes clearly that a mere "hunch" is not a sufficient basis for a
warrantless arrest.
Motion to Suppress Evidence
If evidence is obtained in violation of the Fourth Amendment, a court
may order that such evidence be suppresses. When a
motion
to suppress
evidence is granted, a prosecutor is not allowed to introduce that
evidence at trial. This can substantially weaken a prosecutor's cases.
In some instances, it may leave the prosecution with insufficient
evidence to proceed with the case, and may result in an outright
dismissal of the charges.
Finding a Criminal Defense Attorney in Utah

If
you have been detained, questioned, arrested, or charged with a
crime in Utah, you should consult with an
experienced
criminal defense
attorney. Based
in Salt Lake City,
defense lawyer
Stephen Howard offers legal services to client
throughout Utah.
Contact
us today to
arrange for an initial consultation.
RELATED QUESTIONS:
How
can I find out if I have an outstanding arrest warrant in Utah?
Do
Utah arrest warrants ever expire?
Will
I get a bench warrant if I miss a court date in a Utah criminal case?