Salt Lake City v. Street
251 P.3d 862
Utah Ct. App.2011Background
- A Salt Lake City police officer on foot patrol in Liberty Park was approached about a possibly intoxicated driver with a child in the car.
- A woman, approaching the officer in person, described a vehicle and its location and stated concern for the child’s safety.
- The officer located a matching vehicle, stopped it, and spoke with Street, detecting alcohol on his breath and bloodshot eyes suggesting intoxication.
- Street was arrested for DUI; he moved to suppress all post-stop evidence on grounds that the stop lacked reasonable suspicion.
- The trial court denied the motion to suppress; Street entered a conditional guilty plea while preserving the right to appeal the suppression ruling.
- The Court of Appeals reviews the denial of suppression under the applicable standard of review for reasonableness of stops.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the informant tip supports reasonable suspicion. | Street contends the tip lacks reliability and detail to establish suspicion. | Street's position is that the tip, combined with circumstances, is sufficient under Mulcahy and related standards. | Yes; the tip provided reasonable suspicion. |
Key Cases Cited
- State v. Roybal, 232 P.3d 1016 (2010 UT 34) (trustworthy informant tips can justify brief seizures)
- Kaysville City v. Mulcahy, 943 P.2d 231 (Utah Ct.App.1997) (three-factor framework: reliability, detail, corroboration)
- Alabama v. White, 496 U.S. 325 (1990) (totality of circumstances; informant reliability influences required detail)
- State v. Humphrey, 937 P.2d 137 (Utah Ct.App.1997) (reliability considerations in totality of circumstances)
- State v. Kohl, 2000 UT 35, 999 P.2d 7 (Utah) (informant tip reliability and totality analysis allowed)
- Roybal (additional tie-in), 2010 UT 34 (Utah) (informant tips can justify stops without direct observations)
