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Utah Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: Can consensual hug lead to a sexual assault charge if later regretted?

I have a legal question regarding a situation that occurred on September 26th. My wife and I visited a woman we know through Facebook at her home in Brigham City. After a consensual hug between my wife and the woman, the woman opened her arms, inviting me for a hug, which I interpreted as... View More

Mike Branum
Mike Branum
answered on Nov 12, 2025

In Utah, the crime that most closely aligns with the scenario you've described—a non-consensual physical touching that is not intercourse—is Sexual Battery. Sexual Battery is defined in Utah Code Ann. § 76-5-404. Generally, a person commits sexual battery if the person intentionally... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: Can police obtain a warrant to search me if the K9 doesn't exit the vehicle?

I was pulled over by a K9 unit for allegedly failing to observe the 2-second rule before changing lanes. The officers instructed me and my passenger to exit the vehicle, and searched the passenger without finding anything. They then proceeded to search the entire vehicle, again finding nothing.... View More

James L. Arrasmith
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answered on Nov 3, 2025

Based on your facts, a warrant to search your person built solely on a purported K9 “alert” from inside the officers’ car looks constitutionally infirm under the Fourth Amendment and Utah’s Article I, §14. A dog sniff creates probable cause only when a trained, reliable dog actually alerts... View More

1 Answer | Asked in Civil Rights and Education Law for Utah on
Q: Does school searching and profiling without consent count as profiling in Utah?

I am a ninth-grade student in Kaysville, Utah, and have been falsely reported for vaping and called to the school office twice. They conducted searches without asking for my consent or having a police officer present. The vice principal has been profiling me, including refusing to let my... View More

James L. Arrasmith
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answered on Sep 29, 2025

What you describe sounds both frustrating and unfair. In Utah, schools are allowed to search students without consent or a warrant if they have "reasonable suspicion" that a school rule or law has been broken. This is a lower standard than what police need outside of school, but it still... View More

1 Answer | Asked in Civil Rights, Employment Law and Civil Litigation for Utah on
Q: What are my rights regarding repeated financial penalties from my parents, affecting my earnings?

I'm a 16-year-old living in Farmington, Utah, and I manage many of my expenses, including a car, gas, and part of my car insurance. My parents use financial penalties as a form of punishment, routinely charging me $50 for not doing dishes promptly and $25 for leaving things out, among other... View More

James L. Arrasmith
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answered on Sep 28, 2025

At 16, you are still legally a minor, which means your parents have significant control over your living situation and finances. In Utah, parents generally have the right to manage a minor child’s money, even if you earned it yourself. This makes it difficult to challenge their financial... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Utah on
Q: What should I do with firearms after receiving a civil TRO in Utah?

I have received a civil Temporary Restraining Order (TRO), which states that I cannot possess, have, or purchase firearms. However, the TRO does not explicitly mention any specific storage or transfer requirements. What steps should I take to comply with the TRO, and are there any legal procedures... View More

James L. Arrasmith
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answered on Sep 27, 2025

When you receive a civil Temporary Restraining Order in Utah that prohibits you from possessing firearms, the most important thing is to make sure you do not keep them in your home, vehicle, or anywhere else under your control. Even if the TRO doesn’t give specific instructions, the order itself... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Libel & Slander and Personal Injury for Utah on
Q: Can I claim IIED or public disclosure of private facts for sharing recordings made during a crisis?

During a suicide attempt while I was blackout drunk, I made private recordings containing ego-dystonic intrusive thoughts and false memories, not aware at the time that I had Obsessive–Compulsive Disorder (OCD). These recordings were intended for one trusted recipient. However, a third party... View More

James L. Arrasmith
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answered on Sep 24, 2025

Yes, under Utah law, you may have grounds to pursue a civil claim for intentional infliction of emotional distress (IIED) or public disclosure of private facts due to the unauthorized sharing of your private recordings.

For an IIED claim in Utah, you would need to prove that the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: Delay in trial and change from jury to bench trial in Utah.

I was charged with possession of a controlled substance 3 and 1/2 years ago, and I'm still going to court. I've requested a jury trial throughout this process, but after dismissing and refiling the case, my third or fourth public defender is now taking it to a bench trial. The officer... View More

James L. Arrasmith
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answered on Sep 23, 2025

You have the right to a speedy trial under both the U.S. Constitution and Utah law, and waiting 3 ½ years without resolution raises serious concerns. Delays caused by administrative issues, multiple public defenders, and even COVID-19 may be considered, but excessive delays without justification... View More

1 Answer | Asked in Civil Rights and Criminal Law for Utah on
Q: Police harassment, false charges, and misconduct concerns in Utah.

I have been facing ongoing harassment from local police, and they have been trying to profile me as having mental health issues. I've been detained multiple times and forced to undergo a mental health evaluation. Recently, I was charged with criminal threats and brandishing a replica after... View More

James L. Arrasmith
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answered on Sep 16, 2025

You need to prioritize protecting your legal rights and your personal safety in this situation. Document every interaction with police, including dates, times, and details of what occurred, and retain copies of all reports, complaints, and any evidence that supports your version of events. This... View More

1 Answer | Asked in Civil Rights and Traffic Tickets for Utah on
Q: Is it unlawful to arrest on a county warrant and transport to another county?

I want to know if it is considered an unlawful arrest if someone is arrested on a warrant limited to the issuing county but is transported from another county about 20-30 miles away. The warrant in question was for a traffic violation, and there was likely prior notification about it. There was... View More

James L. Arrasmith
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answered on Sep 2, 2025

When a warrant is issued by one county, law enforcement officers generally have the authority to arrest the person even if they are found in another county. Counties often cooperate with each other in these situations, and transporting someone back to the issuing county is a normal part of carrying... View More

1 Answer | Asked in Civil Rights, Employment Law and Civil Litigation for Utah on
Q: Legal advice on police entry without warrant and electricity dispute

I have a civil dispute involving electricity and living arrangements. Recently, police entered my home without a warrant, stating that I was under arrest, allegedly for interfering after a previous detention. I was never read my Miranda rights. I've reached out to law enforcement regarding my... View More

James L. Arrasmith
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answered on Aug 31, 2025

What you describe involves both criminal procedure and a civil dispute with your family, and it’s important to separate the two. Police generally need a warrant to enter your home, unless they claim exigent circumstances, such as believing a crime is in progress or someone is in danger. If you... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Gov & Administrative Law, Public Benefits and Social Security for Utah on
Q: Seeking legal assistance for abuse and overmedication of involuntarily committed autistic son in Utah.

I am the mother of a 19-year-old autistic son who is involuntarily committed in a facility in Utah, and I believe his rights are being violated. He is overmedicated, has developed a tremor, and has been physically abused. I have video evidence showing bruises and have made police and protection... View More

James L. Arrasmith
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answered on Aug 20, 2025

I can hear the fear and urgency in your words, and you are right to take this seriously. No parent should be shut out or punished for speaking up when they believe their child is being harmed. The fact that you have video evidence, police reports, and a documented history of retaliation from the... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Utah on
Q: Concerned about reporting assault and sent messages to assailant's family in Utah; could this affect my case?

About a month ago, I reported a sexual assault. Afterward, the person involved threatened me both in person and on the phone. I made a phone call right after leaving the person to ensure my safety. Later, I messaged him and his family, saying I might have a mental issue, hoping the person... View More

James L. Arrasmith
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answered on Sep 2, 2025

It’s natural to worry about how your messages might be viewed, especially in such a sensitive and stressful situation. The fact that you reached out to the person and his family could raise questions, but it doesn’t erase what you reported or mean your experience isn’t valid. People often act... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: Sent inappropriate image by mistake, apologized, now facing police report concern. What to expect and do?

I accidentally sent an inappropriate image to a female acquaintance and immediately apologized for my mistake. I've since deleted her number, but she has stated she is reporting me to the police. I'm concerned about the legal implications of this situation. What should I expect, and are... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’re in a tough spot, and it’s good you’re thinking ahead about how to handle it. First, stay calm—an accidental transmission, followed immediately by an apology, weakens any claim of criminal intent. In many jurisdictions, sending unsolicited explicit images can be charged under... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Utah on
Q: I need a lawyer who dares to civilly sue a police departmentfor there indascrepencys

My third fourth and fourteenth amendment rights have been broken repeatedly and can prove it

James L. Arrasmith
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answered on Jul 4, 2025

You need an attorney who handles civil‐rights litigation under 42 U.S.C. § 1983 and state analogues, someone experienced in challenging police misconduct and municipal liability.

Start by contacting your state or local bar association’s lawyer referral service and ask for counsel with... View More

1 Answer | Asked in Civil Rights, Criminal Law and Insurance Defense for Utah on
Q: Police stop and car impoundment due to no insurance and alleged misconduct

My son was pulled over by the police while driving home, leading to some concerning interactions. After passing three police officers on the opposite side of the road, they followed him and then stopped him. As he was calling me, an officer took the phone from his hand and asked if he wanted to get... View More

James L. Arrasmith
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answered on Jul 4, 2025

You have the right to challenge any improper search, seizure, or threats by law enforcement and to insist that all procedures—like confirming insurance status—be conducted lawfully.

Begin by requesting copies of the stop report, any citation or seizure paperwork, and the audio/video... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Civil Rights for Utah on
Q: Can I file a lawsuit against a youth crisis center for abuse in Utah?

I am a survivor of abuse at Cinnamon Hills Youth Crisis Center in St. George, Utah. During my time there, I was physically assaulted, which resulted in a dislocated arm, and I was touched inappropriately by my counselor. I faced daily threats, and when I wanted to seek medical help for my shoulder,... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, you can pursue a lawsuit against the youth crisis center in Utah for the abuse you endured. Physical assault, sexual misconduct, medical neglect, and intimidation are all serious violations of your civil rights and bodily autonomy. Even if there is no formal documentation, your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: What can I do if a police officer lied in a report affecting my case?

I believe a police officer lied in his report following an incident where he claimed to be on bike patrol, but I observed him using an SUV, and he stated he followed me from 1300 South to 800 South, whereas he actually followed me from 1417 South. I have witnesses and evidence supporting these... View More

James L. Arrasmith
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answered on Jun 25, 2025

If you have credible evidence that a police officer included false information in a report, you have several options to address the misconduct. Start by gathering all documentation—video, photographs, witness statements, timestamps, and anything that contradicts the officer’s account. Accuracy... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Gov & Administrative Law, Landlord - Tenant, Libel & Slander and Real Estate Law for Utah on
Q: Legal steps for neighbor's camera and harassment in Utah?

I am experiencing issues with my neighbor, who has a security camera pointed directly at the middle of my backyard from their second-story window. This situation has intensified after a 9-year-old girl from their family made false accusations against me, which her family believes. Despite trying to... View More

James L. Arrasmith
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answered on Jun 14, 2025

It’s completely understandable that this situation is taking a toll on you, especially when it involves both privacy concerns and emotional strain. In Utah, there are few specific laws limiting the direction or placement of home security cameras unless they are used to intentionally invade a... View More

1 Answer | Asked in Civil Rights and Employment Law for Utah on
Q: Is organizing a protest against unsafe work conditions and discriminatory policies protected activity?

I'm considering organizing a peaceful non-attendance day among employees to protest unsafe and unfair work conditions and a feeling of discrimination in upper management's decisions. Specifically, heavy machinery is being operated with passengers, leading to safety incidents due to a lack... View More

James L. Arrasmith
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answered on May 31, 2025

Yes, organizing a protest about unsafe work conditions and discriminatory policies can be protected under both federal and Utah state law. The National Labor Relations Act (NLRA) protects employees' rights to engage in “concerted activities” for mutual aid or protection, which includes... View More

1 Answer | Asked in Civil Rights and Personal Injury for Utah on
Q: How can I address excessive force by police officers in Utah causing injury to my son during a warrant search?

I'm considering suing four officers and one sergeant for excessive force causing bodily injury to my son in Ogden, Utah. On April 9, 2025, during a warrant search at a house, my son, who was not the subject of the warrant, was detained by police officers. As he left the house, officers asked... View More

James L. Arrasmith
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answered on May 31, 2025

You can pursue a civil rights claim under 42 U.S.C. § 1983 for excessive force, unlawful detention, and possibly failure to intervene if other officers allowed the abuse to happen. Since your son was not the subject of the warrant and wasn’t posing a threat, detaining and using force against him... View More

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