Utah v. Strieff

136 S.Ct. 2056 (2016)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Officer Fackrell conducted intermittent surveillance of a home from an anonymous tip related to drug dealing. He observed visitors who left a few minutes after arriving at the house. These visits were sufficiently frequent to raise his suspicion that the occupants were dealing drugs. Officer Fackrell observed D exit the house and walk toward a nearby convenience store. Officer Fackrell detained D, requested D’s identification. A police dispatcher reported D Strieff had an outstanding arrest warrant for a traffic violation. Officer Fackrell then arrested D pursuant to that warrant. When Officer Fackrell searched D incident to the arrest, he discovered a baggie of methamphetamine and drug paraphernalia. D moved to suppress the evidence, arguing that the evidence was inadmissible because it was derived from an unlawful investigatory stop. The prosecutor conceded that Officer Fackrell lacked reasonable suspicion for the stop but argued that the evidence should not be suppressed because the existence of a valid arrest warrant attenuated the connection between the unlawful stop and the discovery of the contraband. The trial court agreed with P and admitted the evidence. The court considered the presence of a valid arrest warrant to be an “‘extraordinary intervening circumstance.’” D conditionally pleaded guilty to reduced charges of attempted possession of a controlled substance and possession of drug paraphernalia but reserved his right to appeal the trial court’s denial of the suppression motion. The Utah Court of Appeals affirmed. The Utah Supreme Court reversed.