Motions to Suppress Evidence - Utah Criminal Attorney
A
motion to suppress evidence is much more than a technicality.
It
is a vital means of protecting the rights guaranteed by our
Constitution. As an experienced
Utah
criminal defense attorney, Stephen Howard can help you
determine whether a motion to suppress will help in your case.
Grounds for a Motion to Suppress in Utah Criminal Cases
Most
motions to suppress evidence in Utah criminal cases involve allegations
of police violations of the Fourth Amendment or Fifth Amendment. If a
motion to suppress is successful, a judge may issue an order preventing
the prosecution from using any evidence obtained as a result of the
constitutional violation. In many cases, this will mean that criminal
charges will be dismissed.
Fourth Amendment Violations
If
police have conducted a warrantless search of your home, your
person, your automobile, or other places where you have a legitimate
expectation of privacy, evidence found as a result of the unlawful
search may be suppressed. Unless they meet certain exceptions
to
the
Fourth
Amendment's warrant requirement, police are normally required
to obtain a
warrant before conducting a search or seizing property.
There
are exceptions to the Fourth Amendment's warrant requirement. Many
criminal cases involve evidence found by police during the course of a
traffic stop. Where an officer has observed a traffic code violation,
the officer may stop (or "seize") you and your vehicle, without a
warrant, in order to issue a citation. But unless the officer can
articulate grounds to support a reasonable suspicion of other criminal
activity, the officer should not detain the driver any longer than
necessary to issue the citation. Unlawfully extending the scope or
duration of the initial stop can serve as a potential basis for a
motion to suppress evidence in a Utah criminal case.
Fifth Amendment ViolationsIf
you have been subjected to police questioning or interrogation after
being taken into custody, there is a possibility that a motion suppress
may help your case. The "Miranda" warnings, made famous by so many
television police dramas, are intended to serve as a protection against
police violations of a suspect's Fifth Amendment rights. But police
officers are not required to give the Miranda warnings in every case.
Police
often give the Miranda warnings whenever a person is arrested. Police
will also commonly give the Miranda warnings any time that they
question a suspect. But the courts only require Miranda warnings to be
given in the context of a custodial interrogation. If a person is
questioned but is not in custody, or if a person is taken into custody
but is not questioned, then the Miranda warnings are not required. But
where a person is arrested and questioned, the Miranda warnings should
be given. If those warnings are not given and the
police proceed to question or interrogate a suspect who is undre
arrest, then incriminating
statements made by the suspect may be suppressed.
Finding a Utah Criminal Attorney in Salt Lake
The laws
surrounding the Fourth and Fifth Amendment are complicated. Just
because police didn't have a warrant, or just because the police didn't
read the Miranda warnings doesn't mean that your case will
automatically be dismissed. And just filing a motion to
suppress
doesn't mean automatic victory. There are often
factual and legal disputes that require an evidentiary
hearing,
cross examination of seasoned police officers, and drafting complex
legal briefs to support your position. Having an experienced
Utah
criminal defense attorney on your side can improve your chances of
success.
Based in Salt Lake City, criminal attorney Stephen Howard is
pleased to offer legal services to clients throughout Utah. He has
handled thousands of serious Utah criminal felony
charges, and has a record of achieving
real
results for his clients.
Contact us now to see
how Stephen Howard can help with your case.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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