The US Supreme Court rules that evidence seized during an illegal stop is still admissible if there was a prior warrant out for arrest! Question: If the cops illegally stop and question a person, but then during that process the cops find out the person has a warrant, should the cops be allowed to search …
Illegally Seized Evidence May Still Be Admissible Read More »
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 »
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 »
When people think of driving under the influence, they likely think about driving after having too much alcohol to drink. The image of an irresponsible adult leaving a bar or party may come to mind. However, DUIs are often more complicated than that. Sometimes, people have taken prescription medication and end up facing charges. Or, …
When Utah police suspect that a person has been driving under the influence, they must have proof in order to make an arrest. One common test that police use is a breath test. This test measures the person’s blood alcohol content level to determine if it is above the legal limit or not. However, if …
What are the requirements for a valid breath test in Utah? Read More »
A field sobriety test is often used by police officers to determine if people are under the influence of drugs or alcohol while they are driving. During the test, the officers will have the person perform a number of physical and mental tests to determine possible impairment. These can include having a person stand on …
Failed sobriety test results in charges for Utah man Read More »
When authorities stop a driver or arrive at the scene of a crash, there are various steps they need to take in order to establish the cause of the incident or cite a driver for a traffic violation. If an officer suspects that a driver is intoxicated, they could ask the driver to go through …
Man faces charges following DUI accident in Salt Lake City Read More »
A 44-year-old Utah man is facing DUI charges following a car accident. According to police, the man was driving without a license in late May in the parking lot of an apartment complex when the accident occurred. Police claim that the man was speeding when he hit a Jeep. Following this incident, Salt Lake City …
Utah man accused of DUI following deadly accident Read More »
The Utah Supreme Court recently affirmed a man’s conviction of methamphetamine possession by finding that a deputy did not improperly extend the duration of the man’s detention during a traffic stop. Every Utah resident has a constitutional protection against unreasonable searches and seizures. This right is implicated during traffic stops in which police officers will …
Utah Supreme Court Upholds Drug Possession Conviction Read More »
In our last post we discussed a successful appeal of a Utah child sex abuse conviction. Successful appeals can be based on a variety of factors such as errors in legal reasoning at the trail court level, prosecutorial misconduct, or ineffective assistance of defense counsel. Criminal appeals based on ineffective assistance of counsel are among …