State v. Chettero
2013 UT 9
Utah2013Background
- Interdiction exercise on I-80 in eastern Summit County (Nov 14–16, 2008) to intercept California-sourced marijuana through Utah.
- Most stopped vehicles bore out-of-state plates; total stops around 144–147 with roughly 95–99% out-of-state plates.
- Chettero, driving a California-plate car, was stopped during the exercise after allegedly crossing the fog line; officer detected a strong marijuana odor and seized 105 pounds of marijuana.
- Chettero filed two suppression motions: one under Equal Protection/Right to Travel, and another under the Fourth Amendment; district court denied both.
- Chettero entered a conditional guilty plea and appealed the suppression rulings; the Utah Supreme Court affirmed in part, addressing both the travel/equal protection and Fourth Amendment challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether selective enforcement implicates the right to travel or equal protection. | Chettero claims discriminatory enforcement against out-of-state plates. | State argues rational basis; no fundamental right or suspect class involved. | Right to travel not implicated; equal protection upheld under rational basis. |
| Whether exclusion of statistical evidence on officer credibility was reversible error under the Fourth Amendment. | Statistics would impeach credibility of Trooper Jensen. | Evidence was waived and not clearly impactful; video corroborated trial court’s view. | Exclusion was harmless or not reversible; credibility issue not clearly affected. |
| Whether the videotape and other record support the stop’s legality despite missing statistics. | Video could show credibility issues undermining stop. | Video and testimony together supported probable cause/stop rationale. | Record supports district court’s denial of suppression; any error harmless. |
Key Cases Cited
- Saenz v. Roe, 526 U.S. 489 (U.S. Supreme Court, 1999) (right to travel components; not implicated here)
- United States v. Place, 462 U.S. 696 (U.S. Supreme Court, 1983) (drug-interdiction justification; reasonable basis for stop)
- State v. Lopez, 873 P.2d 1127 (Utah, 1994) (impeachment theory for detentions; precedent on credibility evidence)
- State v. Pritchett, 69 P.3d 1278 (Utah, 2003) (recording and evidentiary considerations in suppression rulings)
- Huffman v. W.P.W., 203 P.3d 943 (Utah, 2009) (harmless error standard in appellate review)