Ephraim, UT asked in Criminal Law and Cannabis & Marijuana Law for Utah

Q: Is disorderly conduct,(76-9-102) or,(76-8-5060), grounds for search warrant? Never charged for either.

This is Utah. I called police as i thought i had intruders in my home. they did a search and had me go to the hospital for a evaluation. They executed the search warrant to cover after i had left upon where they found illegal marijuana oil. They then got another warrant for that. The first warrant was based upon the above information and the second warrant was based on finding marijuana which was in a drawer in a closet.

1 Lawyer Answer
Lance E. Bastian
Lance E. Bastian
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: There's quite a bit going on here, and I would need more information to really evaluate the situation. It sounds like during the initial sweep of the house for intruders, the police may have seen something that prompted them and gave them a basis to get the first warrant. You would need to see the affidavit for that warrant to determine whether it's something that could be challenged. During the execution of that warrant, they found the oil in a drawer in a closet, which might also be an issue, depending on the scope of the first warrant. They then got the second warrant, though it doesn't say whether anything was found during the execution of that warrant. This really isn't a question with a simple answer. You need to have a criminal attorney look at the warrants, affidavits, and police reports and determine whether any of it might reveal a basis to suppress the evidence.

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