Utah Criminal Defense Attorney - Warrantless Searches
The
Fourth
Amendment
to the United States Constitution protects
individuals from unreasonable warrantless searches and seizures.
The Utah State Constitution, Article I, Section 14 also
provides protections against unreasonable searches and seizures, and
requires that any warrant must be based on probable cause. If you are
being charged with a crime in Utah based on evidence obtained by police
without a warrant, you should speak to an
experienced criminal
defense attorney to determine the best strategy for defending your case.
Contact us today to schedule an initial consultation.
Motions to Suppress Evidence
Under both Utah and federal law, when a police officer obtains evidence by
means of a warrantless search, a
motion to suppress
may be used to
challenge the validity of the search or seizure. Typically,
if the officer did not have a warrant, the prosecutor will be required
to demonstrate how the officers actions fell within one of the warrant
exceptions that has been acknowledged by the courts. If a court
determines that the evidence was obtained in violation of the Fourth
Amendment's requirements, the evidence may be suppressed. In other
words, a judge may order that the prosecutor will not be allowed to use
the evidence in prosecuting the case at trial.
If you are facing prosecution in Utah based on evidence obtained
through a warrantless search or seizure, an experienced
Utah criminal defense lawyer
can help you determine whether a motion to suppress is appropriate in
your case. In many cases, a successful motion to suppress can result in the all charges being dismissed.
Finding an Experienced Utah Criminal Defense Attorney in Salt Lake
Salt
Lake criminal defense attorney Stephen Howard has handled
literally thousands of cases during his career. He has the
experience, knowledge and determination necessary to help you get the
results you need. If you are facing prosecution in Utah for
misdemeanor or
felony charges, you deserve to have an experienced, effective attorney on your side.
Contact us now to
schedule an initial consultation.
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