Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorney / Former Prosecutor
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Canyons Law Group - Solutions Start HereSM

Contact Us

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

Salt Lake Criminal Defense AttorneyIf 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.

RELATED QUESTIONS:
Can police make a stop based only on a hunch?
Do I have to give police my name if I am stopped?
Can police stop or arrest me based just on a hunch?


Best Rating
Make a Payment to Your Account
Contact a Lawyer
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Violent Crimes Assalt Defense UtahDismissed 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.
  • Utah Probation Attorney 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.
  • Recent Posts
  • What to Do When Arrested for DUI 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. . . .
  • Utah Misdemeanor Attorney Salt Lake 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. . . .
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case can be the single most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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
340 East 400 South, Suite 25, 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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.