The Requirements of an Administrative Checkpoint

An Administrative Checkpoint Must Conform to Statutory Requirements An administrative checkpoint is a court order which allows law enforcement to stop vehicle traffic for specified purposes, always with an aim to find drivers and others who are breaking the law. In determining whether an administrative checkpoint is constitutional, the Court must evaluate whether the checkpoint[…]

What Does “Promptly” Mean Under Rule 1102?

Rule 1102 Allows Reliable Hearsay At Preliminary Hearings At a preliminary hearing the Utah Rules of Evidence allow for the admission of “reliable hearsay,” and further provides a definition of “reliable hearsay.” Part of that definition includes “a statement made by a child victim of physical abuse or a sexual offense which is promptly reported[…]

Utah Reaffirms Its Liberal Preliminary Hearing Standard

Binding Over a Case at Preliminary Hearing is Easy The preliminary hearing is a “probable cause” hearing that requires the state to put on evidence that would permit the judge to bind over the case for trial, that is, to find there is enough evidence to move forward with trial. This usually requires the prosecutor[…]

Utah Law Reform: Drug Possession No Longer A Felony

Drug Possession Is A Common Offense In a sweeping move which was totally unexpected and unusual (for Utah), the Utah Legislature effectively passed legislation to reduce the population in its jails and prisons by significant numbers. How? By reducing the criminal classification of those who are convicted of drug possession from a felony to a misdemeanor[…]