Police Search Of Salt Lake City Home Yields Four Pounds Of Meth
A recent arrest in Salt Lake City provides an important reminder of the warrant requirement for police searches.
November 22, 2012
Police search of Salt Lake City home yields four pounds of methTwo Salt Lake City men were arrested recently after police discovered four pounds of methamphetamine in one man's home and large amounts of cash in both homes, the Salt Lake Tribune reported. The first man was arrested after officers searched his home and reportedly found the drugs in a spare bedroom. The police say the man had admitted to having the drugs and claimed that he had been paid by the second man to hold them. Along with the drugs, the charges indicate that police discovered $9,490 in cash at the man's home, which he allegedly identified as proceeds from drug sales.
Police later searched the second man's home and arrested him after allegedly discovering $15,011. According to the charges, the second man offered the cash to an officer as a bribe.
The Fourth Amendment to the United States Constitution protects individuals from unreasonable search and seizure by law enforcement, but people often waive this important protection without realizing what they are doing or understanding how dramatically their lives may be affected. Therefore, it is important for people to learn and understand what their constitutional rights are when interacting with law enforcement in Utah.
Understanding the search warrant requirement
With only a few exceptions, police are required to obtain a search warrant before they may conduct a search of someone's home or place of business, and evidence obtained illegally can be barred from use at trial. However, the warrant requirement does not apply if police have permission to conduct a search. Many people unwittingly waive this important constitutional protection by granting permission for officers to conduct a search without a warrant, often in a misguided attempt to appear cooperative.
To obtain a search warrant, a law enforcement officer must go before a judge and make a sworn statement of probable cause. The probable cause statement must explain the factual basis for concluding that the location to be searched most likely contains evidence of a crime. In addition to the probable cause statement, a search warrant also must specifically describe the person or place to be searched, as well as the items to be seized.
Exceptions to the warrant requirement
Under certain circumstances, police are legally permitted to search a home or other building without first obtaining a warrant -- but these cases are the exception, not the rule. One such circumstance occurs when police witness a crime in progress, or when police are in hot pursuit of a suspect who flees into a building. Likewise, officers may enter a building without a warrant in certain emergency situations, for instance if they hear screams or shots fired inside a building. The warrant requirement also applies to searches of vehicles, although the exceptions are more complicated.
People facing criminal charges in Utah are encouraged to seek help from an experienced criminal defense attorney who can help protect their legal rights and advocate for an optimal resolution to the charges.
Article provided by Frazier Law Firm
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