Utah Criminal Defense Attorney
Protecting Clients in Salt Lake City From Unreasonable Searches
The Fourth Amendment to the United States Constitution bars law enforcement from performing unreasonable search and seizure. However, the Drug Enforcement Agency (DEA) and other law enforcement agencies are notorious for violating illegal search and seizure laws. The cops count on you to be intimidated when they come to search your home or car and just let them in - even if they do not have a valid search warrant. Know your rights; have an experienced criminal defense lawyer on your side. At The Law Office of Harold W. Stone, III, our attorneys fight for your rights and freedom. Contact us for a free consultation.
In criminal cases involving drug possession, drug trafficking or other drug crimes, the confiscated drugs are likely the most significant piece of evidence the prosecution has. Therefore, we thoroughly investigate all aspects of the investigation against you, including the circumstances involving the search and arrest to determine if search and seizure laws were violated and if that evidence could be suppressed.
Search and Seizure: What Does the Law Allow?
If you give consent for your home or car to be searched, the police do not need a search warrant. On the other hand, if you withhold consent, a search warrant is needed. What many people do not understand is that in most cases, a search warrant does not give the police the right to search every corner of your home. Search warrants must specifically state the evidence the police are looking for, but they can look anywhere they could reasonably expect to find that evidence.
For example, if police are looking for a stolen car, they could not reasonably expect to find it in your bedroom closet. If your bedroom is searched and marijuana plants are found in your closet, that evidence may be suppressed from the record because it was collected in violation of your rights and in violation of search and seizure laws. Without such evidence, the prosecution's case against you for marijuana possession or cultivation would obviously be significantly weaker.
Car Searches: In April 2009, the United States Supreme Court ruled that once a suspect is arrested and handcuffed, if the suspect is within reach of the vehicle, or if the police have reason to believe evidence for the crime being arrested for is in the vehicle, the police do not need a search warrant to search the car.
Demonstration of illegal search and seizure can be an effective defense strategy against drug charges, weapons charges and other state or federal criminal charges. Our criminal law attorneys vigorously pursue motions to suppress evidence on the basis of an unreasonable or unlawful search.
Contact Us
Don't let illegally-obtained evidence lead to a conviction. Drug charges can be beaten! However, make sure you have an experienced drug crime defense attorney on your side. At The Law Office of Harold W. Stone, III, we offer free initial consultations, are available for evening and weekend appointments and accept credit cards. To contact us, call 801.352.9331.
