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Author Archives: Jerry Salcido
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
Getting accused of a crime is not cheap. Take a DUI for example. When you get arrested your car gets impounded. You have to pay for your vehicle to be towed and impounded. You have to hire a lawyer. If … Continue reading
The crime of sexual abuse of a child seems to indicate that the crime is sexual in nature, but when one looks at the elements of the crime that does not necessarily have to be true. The first elements of … Continue reading
Lawful Arrest Resisting arrest, or interference with an arresting office, is a crime that gets tacked on as an additional offense for any defendant who didn’t just roll over for the cops. If you are a suspect for a crime … Continue reading
There is a bill in the Utah House of Representatives, HB 276, which seeks to protect individuals carrying firearms from getting hit with a disorderly conduct charge. The current law is located in Utah Code 76-9-102. Representative Paul Ray is … Continue reading
Representative Gage Froerer has introduced House Bill 105 which exempts qualified individuals from the penalties of the controlled substances act which makes hemp extract illegal when it is used for qualifying purposes. It also permits the Department of Health to … Continue reading
The Fourth Amendment to the United States Constitution prohibits unlawful searches and seizures. The Constitution does not set forth any remedy if law enforcement violates this important right so courts have developed what is called the “exclusionary rule” to help … Continue reading
It’s that time of year again, the time when the Utah State Legislature is preparing to sit in session for a couple of months with the sole purpose of taking away our liberties and infringing on our rights. Is that … Continue reading
When a jury is selected to decide the guilt or innocence of a defendant, the court will give them instructions to help guide them in their decision making process. Jury instructions are a very important piece of a jury trial … Continue reading
Can I Forcefully Defend My Property? The simple answer is yes. Utah, at least on paper, holds property rights in the highest esteem. In this Utah is consistent in upholding the traditional common law rights of life, liberty, and property. … Continue reading