How Do Search Warrants Work in Utah

A search warrant is a court order that allows law enforcement officials to search a specific location for specific evidence that can be used to charge a person with a crime. To obtain a warrant, law enforcement officers must convince a judge they have probable cause to believe a crime occurred and that evidence exists in the place they wish to search.

Typically, law enforcement officers establish probable cause by submitting a written affidavit or sworn testimony describing their observations and why they believe a suspect engaged in criminal activity. If the magistrate judge determines the police had probable cause, the court will issue a search warrant.

If the police executed an invalid search warrant or the search was otherwise illegal, a criminal defense lawyer can challenge the validity of the warrant and seek to have the illegally obtained evidence excluded from consideration. Douglas D. Terry & Associates has defended people under investigation or accused of crimes in Utah for over 40 years. Our lawyers regularly appear in courts throughout Utah and have earned a reputation as talented and aggressive advocates who work to obtain superior results for our clients. To put our experience to work for you, contact our law firm today.

What Is a Search Warrant?

A search warrant is a court order issued by a magistrate judge in the name of the state and directed to a peace officer. The warrant authorizes law enforcement officials to search a specific location for evidence to charge a person with a crime. To be valid, the warrant must identify with reasonable specificity the person, place, or thing that will be searched and the items to be seized. Most search warrants have an expiration date to ensure the search is conducted within a reasonable time after probable cause was established.

When Can the Police Get a Search Warrant?

To obtain a search warrant, law enforcement officials must prove they have probable cause to believe a crime occurred and that the person named in the search warrant committed it. The testimony in support of the warrant must be taken under oath or through an affidavit. If the magistrate determines the police have probable cause, the court will issue a search warrant.

What Is “Probable Cause?”

Probable cause is a legal standard the judge applies when deciding whether to issue a search warrant. To establish probable cause, the police must have a reasonable belief that a crime occurred and that evidence of the crime exists in the place to be searched.

Your Rights During a Warrant Search

Even when law enforcement has a search warrant, the suspect still has rights. Every warrant has limitations, and the police cannot exceed those limits. If law enforcement exceeds the scope of the warrant, the search and search may have been illegal.

Challenging a Search Warrant

Unfortunately, there is little a suspect can do to prevent police from performing a search. If the police have a warrant, ask to see it and confirm the police have the correct address. If the police ask to search a building not identified on the warrant, do not consent to the additional search.

If police executed an invalid search warrant, our lawyers can file a Motion to Suppress Evidence asking the court to rule that the search was illegal and that any evidence obtained during the illegal search be excluded from consideration. If the Motion to Suppress is successful, the illegally obtained evidence will be excluded and the prosecutor cannot use it to try to prove the defendant guilty.

Many people mistakenly believe their case will be dismissed if a judge determines a search was invalid. This is not entirely accurate. Even though the illegally obtained evidence cannot be considered, the prosecutor can still try to prove their case through other means. However, without the illegally obtained evidence, it may be difficult to prove the defendant was guilty and the prosecutor may be more likely to agree to a reduced sentence or outright dismissal of the case.

Exceptions to the Search Warrant Requirement

There are circumstances when law enforcement does not need a warrant to perform a search.

• Consent. No warrant is required if the suspect consented to the search.
• Plain View. Police do not need a warrant if evidence of a crime is in “plain view.” Plain view means law enforcement can see evidence of criminal activity without conducting a search, such as if a police officer walks by a window and sees illegal drugs on the table or sees narcotics on the passenger seat during a routine traffic stop.
• Search Incident to Arrest. During a lawful arrest, police can search the area in the suspect’s immediate control. This is done to protect the officer’s safety and prevent the potential destruction of evidence.
• Stop and Frisk. If the police suspect a person is involved in criminal activity and may be armed, they can perform a “stop and frisk.” If evidence of criminal activity is discovered, it is admissible even though the officer did not have a search warrant.
• Exigent Circumstances. Police can conduct a warrantless search in cases of emergency, such as if the time needed to obtain a warrant would jeopardize public safety, lead to the destruction of evidence, or allow a suspect to escape.
• No Fourth Amendment Protection. The Fourth Amendment does not apply to private citizens like security guards. A private citizen who conducts a search may be violating other laws, but they have not violated the Fourth Amendment because it only applies to government agencies.

Contact Douglas D. Terry & Associates Today

Douglas D. Terry & Associates is one of Utah’s preeminent criminal defense law firms. Contact us today to schedule a free and confidential consultation to discuss your situation and how we can help. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.