State v. Hansen
262 P.3d 448
Utah Ct. App.2011Background
- Hansen was convicted of possession of methamphetamine and challenged the denial of her suppression motion.
- Officers responded to a burglary report at Grandmother’s house where Grandson hid in a bathroom and described unknown males in the home.
- Officer Gorman observed Hansen peering into the house through a glass door, approaching in a manner suggesting impairment, and Hansen failed to sit still on command.
- Hansen went inside, hid her purse under a bed, but was directed outside where she admitted meth use; she was arrested for Public Intoxication and a search incident to arrest uncovered drugs and paraphernalia.
- Grandmother told officers she did not want Hansen around and did not want to press charges, yet the officers proceeded with arrest and the ensuing search.
- The trial court denied Hansen’s motion to suppress; Hansen entered a conditional guilty plea to methamphetamine possession, with other charges dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause for arrest independent of intoxication? | State contends probable cause existed for trespass. | Hansen argues there was no criminal offense established. | Probable cause existed for arrest on criminal trespass. |
| Does Grandmother’s refusal to press charges affect probable cause? | State says victim's intent is irrelevant to probable cause. | Hansen asserts lack of pressing charges undermines arrest rationale. | Victim’s decision to press charges is irrelevant; probable cause stood. |
| Is a search incident to a lawful arrest permissible without additional justification? | State relies on substantial probable cause for arrest to validate the search. | Hansen argues suppression should apply absent additional justification. | Search incident to a lawful arrest is valid; no extra justification required. |
Key Cases Cited
- State v. Barker, 240 P.3d 780 (Utah 2010) (probable cause and arrest standards for searches incident to arrest)
- State v. Trane, 57 P.3d 1052 (Utah 2002) (probable cause and warrantless arrest analysis)
- Harker, 240 P.3d 780 (Utah 2010) (arrests based on probable cause are lawful under Fourth Amendment)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (probable cause; reasonable belief of offense at time of arrest)
- DeFillippo v. Michigan, 443 U.S. 31 (U.S. 1979) (definition of probable cause for arrest)
- Virginia v. Moore, 553 U.S. 164 (U.S. 2008) (arrest based on probable cause permits lawful search incident)
- Robinson v. United States, 414 U.S. 218 (U.S. 1973) (search incident to arrest standard)