drug

Can a Person Be Convicted for Illegal Drug Possession in Utah for Simply Being Near Illegal Drugs?

We often get asked if a person can be convicted for drug possession if they were merely near the illegal drugs that were found. For example, let’s assume three friends are in a car, Joe, Cindy and Parker. They get pulled over for “swerving”. The officer claims he smells marijuana (because of his superbionic nose), …

Can a Person Be Convicted for Illegal Drug Possession in Utah for Simply Being Near Illegal Drugs? Read More »

The Cops and the Prosecutor Can’t Prove the Drugs Were Mine!

We often hear our clients say, “The cops and the prosecutor can’t prove the drugs were mine!” And many times they are 100% right, and the case will either get dismissed entirely, reduced, or the jury will find them to be not guilty. After all, simply being near illegal drugs such as marijuana, meth, cocaine, …

The Cops and the Prosecutor Can’t Prove the Drugs Were Mine! Read More »

Can the Police Enter a Home if They Smell Burning Marijuana?

Fairly recently in State v. Duran, the Utah Supreme Court ruled that police officers who smelled the odor of burning marijuana coming from a residence were not justified in searching the residence under and “evidence-destruction” part of the “exigent-circumstances” exception to warrant requirement. In other words, sometimes that police can enter a home without a …

Can the Police Enter a Home if They Smell Burning Marijuana? Read More »

Call Now