Legal Question in Criminal Law in Utah

my friend was arrested for sales of meth because of a confidential informant allegedly made a controled buy. the crime was reported as occurring in july of 2015

she was not arrested until feb 18 2016.

however they arrested her with a warrantless arrest sheet rather than an actual warrant,

im wondering how the warrantless arrest is legal that long after the fact?

this is in utah and everything i read says there were no probable cause to not get the warrant, not a flight risk/not a danger etc


Asked on 2/28/16, 5:45 pm

1 Answer from Attorneys
Brian Jackson Brian K. Jackson, LLC

The problem with warrantless arrests is that the remedy is not as amazing as people think it is. Even if the arrest was illegal, the only remedy is suppression of evidence they found, whether it be statements or drugs when they arrested her. They can still use the evidence in 2015 to press charges against her. So if she said anything incriminating during the illegal arrest, the statement could be thrown out but that's about it.

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Answered on 2/29/16, 12:35 pm


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