What are the rules on evidence-gathering in criminal cases?

In Utah, the rules on evidence-gathering in criminal cases are set by the state’s criminal procedure code. Generally speaking, the police need a warrant from a judge to search any premises or person for evidence; however, there are exceptions when a warrant is not required. In some cases, the police may be allowed to search without a warrant, if they have reasonable grounds to believe that criminal activity or evidence of a criminal act is present. In addition to obtaining a warrant, the police may also be allowed to gather evidence without a warrant in other situations. For example, if the police observe evidence in “plain view,” they may seize it without a warrant. Also, if the police have probable cause to believe a person is in possession of evidence of a crime, they are allowed to search the person without a warrant. Police officers must also follow rules when conducting searches and collecting evidence. The rules prescribe how the police are allowed to use force, the manner in which they are allowed to conduct searches, and the proper chain of custody for any evidence collected. When it comes to gathering evidence, it is important for police officers to follow these procedures to ensure that all evidence is obtained lawfully and is admissible in court. Without a valid search warrant or other legally-satisfied criteria, any evidence collected may be thrown out of court as having been illegally obtained.

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