Category: Fourth Amendment
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Criminal Appeals in Utah, 101
If you are unhappy with the outcome of your criminal case, you might consider appealing it to a higher court. Appeals can be costly and slow, so it helps to…
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Can You Raise a Statute of Limitations Violation on Appeal in Utah?
Can a defendant raise a statute of limitations (SOL) violation on appeal? The short answer is yes — but generally only if the issue was timely raised in the trial…
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Probable Cause vs. Reasonable Articulable Suspicion
“The Fourth Amendment wasn’t written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.”― Dave Kruegertags
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State v Labrum, 2025 UT 12
In this appeal the Utah Supreme Court clarified what has been known as the “Brickey rule” stemming from the case State v. Brickey (Utah 1986). This rule is concerned with…
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Can police search my car when I am pulled over for speeding?
Police conduct during a traffic stop is limited by Fourth Amendment protections against unreasonable search and seizure. If police observe a traffic violation, they can stop the vehicle and question…