State v. Chettero
2013 UT 9
Utah2013Background
- UHP conducted a stepped interdiction on I-80 in eastern Summit County in mid-November 2008 to intercept California-bound drugs.
- The vast majority of stopped vehicles bore out-of-state plates; 147 stops were recorded, with 99.3% out-of-state plates according to dispatch data.
- Chettero, a California-plate driver, was stopped late on November 13, 2008, and 105 pounds of marijuana were found in his car.
- Chettero moved to suppress evidence on equal protection/right to travel grounds and on Fourth Amendment grounds; the district court denied both motions.
- Chettero entered a conditional guilty plea, preserving appellate challenges to the suppression rulings; the case was appealed after scheduling.
- The central issues concern whether the stop implicated the right to travel or equal protection, and whether relevant Fourth Amendment evidence should have been considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to travel assertion | Chettero contends selective enforcement infringes the right to travel. | State argues no travel-right violation; disruption was not a fundamental impede to travel. | Right to travel not implicated; claims fail. |
| Equal protection—selective enforcement | Chettero argues out-of-state plates singled him out unlawfully. | State asserts rational-basis review; classifications tied to drug interdiction goals. | Rational-basis review applied; discrimination justified by legitimate drug-control purpose. |
| Fourth Amendment suppression and credibility evidence | Chettero sought to introduce statistical evidence to impeach officer credibility regarding stop purpose. | State maintains waiver; evidence would not have altered credibility; stop supported by video and officer testimony. | Denial affirmed; any error harmless or not prejudicial based on record and video corroboration. |
Key Cases Cited
- Saenz v. Roe, 526 U.S. 489 (U.S. 1999) (three-component right to travel; fundamental rights analysis)
- Maryland State Conference of NAACP Branches v. Maryland Dep’t of State Police, 72 F. Supp. 2d 560 (D. Md. 1999) (economic rights; privileges and immunities discussion)
- United States v. Place, 462 U.S. 696 (U.S. 1983) (drug interdiction interest; stop justification)
- State v. Robinson, 254 P.3d 183 (Utah 2011) (rational-basis review in state classifications)
- Ry. Express Agency, Inc. v. New York, 336 U.S. 106 (U.S. 1949) (economic regulation; deference to rational basis )
- Williamson v. Lee Optical of Okla., 348 U.S. 483 (U.S. 1955) (rational basis review; practical corrections by classification)
- State v. Lopez, 873 P.2d 1127 (Utah 1994) (preservation of suppression arguments; relevance of authority)
- State v. Pritchett, 69 P.3d 1278 (Utah 2003) (record completeness in suppression rulings)
- United States v. Virginia, 518 U.S. 515 (U.S. 1996) (gender-based classifications; heightened justification standard)
