The United States Supreme Court has repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution and the Utah police are limited when searching a home for evidence against an adult or juvenile.
Before an officer may search a home seeking evidence against a minor in the home, the officer must first secure a search warrant from a Magistrate Judge. There are a few exceptions to this general rule but the exceptions are narrow. Even though an officer does not have a warrant, if the officer is attempting to search your home, you should not resist the officer. Instead, step out of the way and let the officer do what he or she is going to do. Do not consent to the search but do not resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win in such situations and they are almost always a threat to your physical safety. If the officer asks you questions, you should respectfully decline to answer them. You are under no legal obligation to answer questions even if the officer has a warrant.
When dealing with the police remember the three golden rules:
1. Don’t trust or believe the police
2. Don’t resist being handcuffed
3. Don’t say a damn thing