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Utah Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you don't have a... Read more »

1 Answer | Asked in Constitutional Law and Military Law for Utah on
Q: I run a charity for military families. We wear multi-cam's with our patches fully identified upon them.

We work directly with the military and members of my team are both military veterans and civilians trained alike. We have been doing this for 10 years. A group of people have gotten together to stop the work that we are doing and asked the State of Utah to have our uniforms taken off. Like the... Read more »

Mike Branum
Mike Branum answered on Mar 14, 2019

I can not think of a law which would allow them to take action against you to restrain you from wearing an article of clothing merely because it resembles a military uniform. To provide you with more constructive legal advice I would need more information about who "A group of people" are and what... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Utah on
Q: Can the police go inside a home to do a welfare check even if they arrest the person who owns the home?

Someone called the police saying my friends & his gf were arguing. When police arrived my friend was in his front yard, not upset not fighting with anyone, he saw the officer and asked him how his day was. My friend stayed on his property and the officer approached and told him of the dv call and... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 22, 2018

Well they can because they did. The issue is the condemnation of the home. You will need to contact a real estate attorney who is familiar with this area to get a specific legal opinion.

2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on
Q: Which process would be best? Form I-130 or Form I-485?

My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jan 11, 2018

You need to ask an immigration attorney. My practice is limited to criminal defense.

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1 Answer | Asked in Criminal Law and Constitutional Law for Utah on
Q: Why hasn't the prosecution provided my lawyer with the search warrant and affidavit discovery for 4 months?

The day of my arrest the detective was in the process of amending a search warrant he had approved from the night before. Evidence was seized 10 mins prior to the search warrant being amended. Now, they won't provide the original search warrant. My case has been continued twice because they have... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 30, 2017

No way to know without much more information.

1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on
Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

The game is League of Legends. The terms literally say that they have he right to steal the in game content you purchased if you violate their rules. My situation includes me using explicit and vulgar language in frustration towards other players online. Because of this my account is banned and the... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 8, 2017

Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S.... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Utah on
Q: can a judge deny me the right to subpeona a witness on my behalf for any reason i utah?

on dec. 2, 2015 final p.c. my att. handed me a cd that he said he just got but has not reviewed, this is 2 business days before trial. i listened to it after court. this cd was from an interview of police questioning.there is info. on disc that was from co-def that i wanted to subpeona. the judge... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Mar 29, 2017

Well maybe. That is a complex question. Your attorney should be able to help.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: if during a inventory search on a car, a bag with drugs and a gun is found who gets charged?

neither the driver or the passenger is the owner of the car, the driver is initially stopped by an off duty cop who thought these people looked like two suspects wanted at the time, even though the descriptions did not match at all. except for one white male and one tongan male. after confirming... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 10, 2016

The cops always charge everyone in the car when they find drugs. You need to get an attorney to help you litigate these other issues.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: can bags found inside an impounded vehicle, during a inventory search be opened up and gone through?

in utah. what is the department standardized policy or practice specifically governing the opening of such containers.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 10, 2016

Every department has its own policy. There is no way to answer that question without that information.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: can someone challenge the probable cause to pull over a vehicle when it was a case of mistaken identity?

the descriptions of the people who were wanted, looked nothing like the people in the vehicle. including one of the suspects who was wanted has both arms completely tattooed. the passenger in the vehicle had a wife beater on so the off duty police officer who originally watched these people get in... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 10, 2016

Probable cause can be challenged. You need to contact an experience criminal defense attorney to assist you.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Utah on
Q: what is the difference between " hold for owner impound" and "state impound"?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 9, 2016

None that I am aware of. The State impounds a vehichle and holds it for the owner to retrieve it.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Utah on
Q: are the police allowed to inventory a vehicle without someone from the tow yard being present prior to impoud
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 9, 2016

YEs. They do not need an additional witness to do this.

1 Answer | Asked in Constitutional Law for Utah on
Q: what amendment allows congress to remove someone their duties

Mr.mark Smith, a united states congressman, is reputed to have been a member of a neo-nazi fascist organization that renounced the constitution of the united states. what amendment and section in the constitution would allow congress to remove him from his duties. what would be required for removal

Brian K Jackson
Brian K Jackson answered on Mar 16, 2016

They would have to try him under the impeachment provisions of Article II of the constitution.

1 Answer | Asked in Constitutional Law for Utah on
Q: Can my school make me register my religion with the school district?

I made my own religion where I have to ware a hat. The principal said that I have to register it with the school district and then took my hat.

Brian K Jackson
Brian K Jackson answered on Nov 20, 2015

You would have to prove that it was a religion that actually existed and you in full faith believed that wearing a hat was a part of your religion. If you were doing it just to make an excuse to wear a hat in school and was just using the religion as an excuse then you wouldnt have a case, but no... Read more »

2 Answers | Asked in Constitutional Law for Utah on
Q: What is habeas corpus
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment.

What? You do not know how to look things up in a dictionary?

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2 Answers | Asked in Constitutional Law for Utah on
Q: how does the guarantee of a public trial limit the powers of the national government?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 7, 2015

Have you gotten an answer to this yet? A public trial is much better than a trial held in secret.

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1 Answer | Asked in Constitutional Law for Utah on
Q: How do I go about getting our local fire board to follow the Freedom of Information Act?
Zaven Andranik Sargsian
Zaven Andranik Sargsian answered on Dec 9, 2013

If the local fire board is, as you say, "local" then you should consider requesting information by using a GRAMA request ("Government Records Access Management Act"), rather than a FOIA. GRAMA can in some ways be thought of as the Utah state-level equivalent of FOIA. More information on GRAMA can... Read more »

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