When a search is being done with a warrant and you ask for a lawyer right than but are not given one is that ok
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When a search is being done with a warrant and you ask for a lawyer right than but are not given one is that ok
A no knock search warrant was conducted on me and when I asked to see the warrant they told me if I signed a paper they’d be allowed to give me a copy so I signed the paper and then they denied me a copy said theyd leave it on counter so I then asked for an attorney and they told me no put me in handcuffs and took me to jail
Asked on May 28, 2017 under Criminal Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, it is legal. A right to have an attorney does not equal or mean the right to have a lawyer right then--it means the right to have an attorney for trial and before trial (long enough before trial that he/she can review the evidence, warrants, charges, etc.). Searches may done on warrants, and suspects arrested, even if the suspect or owner/renter of the search premises requested a lawyer. Again, though, you can have a lawyer *now* who can examine the warrant and what occured and possibly have any evidence, etc. thrown out if the warrant was invalid or the search was otherwise improper.
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