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Salt Lake City v. Street
251 P.3d 862
Utah Ct. App.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: Salt Lake City v. Street
Court Name: Court of Appeals of Utah
Date Published: Apr 14, 2011
Citation: 251 P.3d 862
Docket Number: 20100203-CA
Court Abbreviation: Utah Ct. App.