State v. Hoffmann
318 P.3d 225
Utah Ct. App.2013Background
- Informant tip alleged Sam and Rocky sold high-grade marijuana from Hoffmann's apartment.
- Officers detected faint marijuana odor inside after knocking; they covered the peephole per informant's advice.
- Rocky opened door; officers entered, observed odor and found a bong during a protective sweep.
- Hoffmann claimed residence; he asked for a warrant and initially did not consent to a search.
- Officers obtained a warrant; upon search, five bags of marijuana, drug paraphernalia, and a handgun were found.
- Hoffmann moved to suppress evidence from the initial entry and the warrant-based search; district court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was consent to open the door voluntary? | Hoffmann | State | Consent voluntary; peephole cover not coercive |
| Did tainted entry affect the warrant and probable cause? | Hoffmann | State | Independent-source doctrine applied; warrant valid |
| May tainted information be used to issue a warrant under Murray/Franks framework? | Hoffmann | State | District court properly applied Murray; tainted info did not affect warrant decision |
| Does Utah Constitution article I, section 14 provide independent exclusionary-rule protection? | Hoffmann | State | Argument rejected for inadequate briefing; no independent Utah exclusionary rule found |
Key Cases Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness of consent; objective freedom to act)
- Illinois v. Rodriguez, 497 U.S. 177 (U.S. 1990) (consent based on reasonable belief of authority)
- Murray v. United States, 487 U.S. 533 (U.S. 1988) (two-prong independent-source doctrine for tainted searches)
- Franks v. Delaware, 488 U.S. 154 (U.S. 1988) (correction of false material in warrant affidavit; probable cause test)
- Krukowski, 2004 UT 94, 100 P.3d 1222 (Utah Supreme Court 2004) (Murray two-prong test applied in Utah)
- South v. State, Utah Ct.App. 1994 (Utah Ct. App. 1994) (plain smell of marijuana as probable cause)
- Duran, Utah 2007 (2007 UT) (burning marijuana odor and exigent circumstances limits)
- Jardines, 133 S.Ct. 1409 (U.S. 2013) (drug-sniffing dog on front porch; trespass and privacy concerns)
- State v. Krukowski, 2004 UT 94, 100 P.3d 1222 (Utah Supreme Court 2004) (application of Murray two-prong test in Utah)