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Author Archives: Jerry Salcido
Fourth Amendment Requirements With Regards to Traffic Stops The Fourth Amendment’s prohibition of “unreasonable searches and seizures” extends to temporary detentions, such as traffic stops. See U.S. Const. amend. IV; Brendlin v. California, 551 U.S. 249, 255 (2007). To survive … Continue reading
Recently the Utah Court of Appeals addressed whether an attorney was deemed to have given ineffective assistance of counsel to a non-U.S. citizen. In State v. Aguirre-Juarez, the defendant plead guilty to one count of attempted identity fraud, a class A … Continue reading
The Importance of the Jury Trial and Voir Dire The jury trial is a right over which many lives were lost in the founding of this country. It is a mechanism to protect individuals against an oppressive government. Think about … Continue reading
When people think about impaired driving most people think of the typical alcohol-induced DUI, but drugs are involved in almost as many impaired driving cases. There are some tests that have been developed specifically to detect the involvement of drugs … Continue reading
The Deseret News reports yesterday that a woman in Salt Lake got upset at a man who lived in the apartment beneath her because he complained that she was being too noisy. Rather than quiet down, the woman decided to … Continue reading
Computer Crimes on the Rise We are seeing an interesting trend in Utah: people are hacking into their employer’s, partner’s, friend’s, ex-lover’s, ex-spouse’s Facebook accounts, email accounts, and other social media outlets in an effort to get revenge on them. … Continue reading
What is a prosecutor’s duty to disclose evidence? In criminal cases the State has the burden to prove beyond a reasonable doubt that the defendant committed the crime being charged. The State can only satisfy its burden if it produces … Continue reading
In 1968 the United States Supreme Court decided the case Terry v. Ohio, 392 U.S. 1. From that case is what came to be known as the Terry Stop Exception to the Fourth Amendment. This exception permits a policeman who lacks probable … Continue reading