The Utah Wildlife Board makes the rules for hunting and fishing.
Every Hunter in Utah is Subject to the Rules
Utah is a great place to hunt and for the most part has a system set up that allows sportsmen enough game to pursue while at the same time protecting game for future generations of
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What Is A Protective Sweep?
A Protective Sweep is an Exception to the Warrant Rule.
Generally speaking, law enforcement officers cannot enter your home to conduct a search without a warrant. Such searches are per se unreasonable, unless there is an applicable exception. Over the decades, the Supreme Court of the United States has carved out a number of exceptions…
Preliminary Hearing and Subpoenaing an Alleged Victim Witness?
What is a Preliminary Hearing?
One of the rights afforded an adult criminal defendant in the State of Utah is to have a preliminary hearing, which is a hearing in which the prosecutor is required to present evidence to the judge which establishes probable cause. It is in a limitation on the government’s power to…
Recent Changes to Utah’s Right to Bail Statute
Who has a Right to Bail in Utah?
The Utah Legislature has passed a new statute addressing criminal defendants’ right to bail. One of the most important changes addresses who has a right to bail and who does not. Those who do not have a right to bail include the following:
- Capital crimes – Individuals
…
Can Utah Police Stop Me For Objects On My Windshield?
The Law Regarding Windshield Objects is Very Specific
If you are thinking of placing a GPS unit in your car by affixing it to the windshield, think again, as this is likely to make you vulnerable to being pulled over and issued a citation. Police don’t care so much about a violation of that minor…
What Custody Factors Does A Utah Court Consider?
Are there Custody Factors A Court Must Consider?
Yes. A court is granted the sole authority for determining whether joint physical custody would be in the best interests of a child, but it is not solely at a court’s discretion. Instead, the court must carefully consider a number of statutorily prescribed custody factors to determine…
What is the Gang Enhancement in Utah Criminal Cases?
The Gang Enhancement Can Apply to Even Non-Gang Members
In an effort to stymie the increase in gang related crimes the Utah Legislature added an additional penalty known as the “gang enhancement” – which increases any charge by one full degree – to crimes committed by gang members…or at least that was the intention.
In…
Who Can Be A Domestic Violence Victim in Utah?
Cohabitant Now Includes Sexual Partners
Historically in Utah a person could be charged with domestic violence only if the alleged domestic violence victim was the spouse of the perpetrator or at least closely related or associated by blood or children. Utah makes domestic violence offenses specific to perpetrators and “cohabitants.”
A “cohabitant” included,…
Can Someone You Live With Give Your Computer to the Police?
A Computer Owner May Give His Consent to a Third Party
The Fourth Amendment to the United States Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. CONST. amend. IV. Physical entry into the home is the “chief evil against which the wording…
Rape Shield in Utah – what it is, prohibits, and permits
Rule 412 of the Utah Rules of Evidence is Utah’s “rape’shield” law.
What is a Rape Shield Law?
A rape shield law is a rule of evidence that prohibits criminal defense attorneys from introducing evidence of prior sexual activity engaged in by an alleged victim of a sexual assault. The logic for such a rule…