How the Fourth Amendment Applies in Utah

The Fourth Amendment of the United States Constitution is vital for people in Utah who want to stay out of legal trouble. It guarantees that if any kind of law enforcement officer wants to make an arrest or search your property, that person needs to follow the proper procedure. 

Utah law outlines how searches can be conducted. If police don’t follow the proper procedure, an experienced lawyer can make sure any evidence gathered in the process cannot be used against you in a court of law.

What Does the Fourth Amendment Say?

Here is the Fourth Amendment word-for-word:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In other words, law enforcement needs probable cause in order to search your home or make an arrest.

What Is Probable Cause?

Probable cause is a standard that must be met in order for law enforcement to arrest you or search your property. For an arrest, the facts surrounding the situation should lead a reasonable person to believe that a crime has been committed. For a search, there has to be some kind of evidence that a crime was committed in the location police want to look at. 

Probable cause is more than just a hunch. It demands a lot of certainty and probability that police will find out that a crime had occurred. With that being said, they do make mistakes in their justifications, and a competent criminal defense attorney can help you and a judge understand if that happened.

What is a Warrant?

A warrant is a document issued by a judge that allows officers to make an arrest or search a premises. There is a multi-level process that warrants go through before police ever show up at your door:

1. The investigation officer writes up an affidavit with details about the investigation and why a warrant would be necessary.
2. A supervising officer looks over the affidavit and assesses the situation.
3. The affidavit is sent to a judge, who then determines whether it’s necessary to issue a search warrant.
4. The judge makes the final call and issues the warrant.

Do Police Need a Warrant to Make An Arrest in Utah?

Under Utah law, there are some circumstances when an officer may make an arrest without any kind of warrant:

• You committed an offense in the officer’s presence.
• The officer has reasonable cause to believe that that you had committed a felony or class A misdemeanor.
• The officer has reasonable cause to believe you committed an offense, and they believe that you’re either going to flee, destroy evidence, injur someone else, or cause property damage.
• The officer has reasonable cause to believe that you failed to disclose your identity during a traffic stop.
• The officer has reasonable cause to believe that you are an alien who is subject to a removal order, subject to a civil detainer warrant that was issued by the Department of Homeland Security, or who has been charged or convicted of an aggravated felony in another state.

For example, let’s say an officer pulls you over after you swerved in and out of lanes on the road. When the cop gets to your window, they can smell alcohol from your breath, and when you do a field sobriety test, you fail. 

Because you swerved in the presence of the police officer, and they observed evidence that you had been drinking, they do not need to have a warrant to arrest you.

Do Police Need a Warrant to Search Your Home in Utah?

In Utah, police generally need a warrant to search your home, unless there are “exigent circumstances.” The officer has to believe that if they don’t enter, someone else is going to be hurt or evidence is going to be destroyed.

If police believe that those conditions are met, then they can forcibly enter your premises — no questions asked — as long as they are wearing identifiable markings that indicate that they are law enforcement.

Do Police With a Warrant Have to Announce Their Presence Before Entering Your Home?

In a majority of situations, police in Utah serve what’s called a “knock and announce warrant” before they can enter your home. This means they have to make sure you know that they’re on the premises before entering. 

A “no-knock warrant” is the opposite. Police can enter without any kind of warning. If necessary, they can break down your door. 

Because no-knock warrants are so invasive, investigating officers have to include specific language in the affidavit that justifies the need for them. Judges makes the final call on whether or not they’re necessary. 

Is ICE Subject to the Same Fourth Amendment Restrictions as Utah Police?

Agents with Immigration and Customs Enforcement — better known as ICE — are law enforcement officers living in the United States. Therefore, they are subject to the same restrictions under the Fourth Amendment.

ICE officers are required to follow the correct protocol when they make an arrest. If you feel that your rights were violated in any way, you should hire a criminal defense attorney.

A good lawyer will look into what happened and determine whether or not ICE violated your rights. If so, they can take the necessary steps to ensure you don’t get punished for the officers’ incompetence.

What to Look For in a Criminal Defense Attorney

Whether or not you were wrongfully arrested by officers who were not following proper procedures, you deserve a good defense attorney. They can help you fight the charges or ensure you get the best outcome out of a plea deal.

The best attorneys are ones with years of experience. They know what they’re doing, and they won’t be surprised by anything in your case. You’ll find that in all of the lawyers at Brown, Bradshaw & Moffat.

To get started, tell us about your case, and one of our representatives will reach out to you.