What if the police “illegally” entered a home (i.e. without a warrant) and obtained evidence that showed a person had mostly likely been driving an SUV with a blood alcohol level of around .14 (nearly twice the legal limit), but that the police also managed to convince the judge that they “eventually” would have obtained …
Is a strong showing of probable cause enough to search without a warrant? Read More »
In June of 2015, the Tenth Circuit addressed photo-lineups again. They said that determining whether a photo lineup is overly suggestive the Court has to consider various factors: the size of the array [how many people are in the lineup], the manner of its presentation [did the police make it obvious whom they wanted the …
Factors for challenging a photo lineup that is overly suggestive Read More »
So, you and a buddy are just chit chatting while walking down a street, and lo and behold! you stumble upon a $50 bill. You know it’s not yours, but hey, it’s your lucky day! So, you pocket the money, then happily skip down to a nearby restaurant and splurge, spending it all. Then you …
But I Just Stumbled Upon It! How Can That Be Theft? Read More »
Before you intercept (“steal”) cable or satellite TV, or plant a recording device in a room (so that once you’re gone you can record what others are saying), know that you could do prison time for that. In other words, intercepting oral and digital communications (even signals) is serious business. This is true even if …
Intercepting digital communications can lead to prison sentence and civil lawsuits Read More »
Let’s assume Frank was illegally detained by the police. And, as a result the police came across evidence that shows Frank committed a felony. The the bewilderment of many of our clients, the evidence may still be admissible if it is “sufficiently removed” from the illegal search by an exception to the rule known as …
How Illegally Obtained Evidence Becomes Legal, Attenuation and Inevitable Discovery Read More »
Imagine this scenario: Marcy, the wife of a landlord, calls up Tony, one of their tenants, to remind Tony his rent is past due. Tony is fed up with Marcy’s phone calls, and thinks he should not have to pay rent at all because the apartment’s heating has not been working properly. Tony and Marcy …
An altercation in a doorway becomes first degree felony burglary assault Read More »
People may not realize just how important criminal classifications are. People may think all felonies are treated alike, or that misdemeanors are all the same. However, the specific charges can make a really big difference when it comes to penalties. In Utah, the most serious penalty a person can be sentenced to is the death …
Factors that contribute to aggravated murder in Utah Read More »
Criminal charges have the potential to change a person’s life forever. This is particularly true when the charges are felonies. If the accused is a young person, the affects can be even greater since they have so much of their life ahead of them. A 17-year-old boy was recently arrested in connection with a murder …
Certain Constitutional rights are cited frequently in public discussion, including the First Amendment right to free speech and the Second Amendment right to bear arms. Other Constitutional rights are cited mostly in a criminal defense context, such as the Fourth Amendment protection against unreasonable search and seizure. This generally means that law enforcement agencies cannot …
SCOTUS ruling could weaken Fourth Amendment protections Read More »
Many Americans don’t realize it, but the United States locks up more of its own citizens than any other country. Incarceration seems to be the tool most favored by the criminal justice system, politicians and everyday taxpayers. But what is prison really for? Most people would say it has three purposes: punishment, public safety and …
Why criminal justice reform is a smart investment for Americans Read More »