280 P.3d 1072
Utah Ct. App.2012Background
- Little was convicted of possession of a controlled substance (3rd degree) and possession of drug paraphernalia (class B misdemeanor).
- The convictions followed denial of his motion to suppress evidence found in his truck after police detained him near a Target in Riverdale, Utah.
- Officers developed reasonable suspicion based on loss prevention notes that Little and a companion acted suspiciously and potentially shoplifted, though no merchandise was observed.
- Little provided inconsistent explanations for his arrival; information from a third person (Mother) suggested other involvement and arrival by truck, not bus.
- Police detained Little for about twenty minutes while they pursued the possibility that stolen merchandise was in the truck, eventually discovering marijuana and a pipe inside the truck.
- The trial court denied suppression, and the Utah Court of Appeals affirmed, concluding the detention was justified and did not exceed permissible bounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial detention supported by reasonable suspicion? | Little | Little | Yes; detention supported by reasonable suspicion |
| Did the detention de-escalate to a level-one encounter when told to leave? | Little | Little | Yes; it de-escalated to a consensual encounter |
| Should the Utah Constitution be read to impose a bright-line limit on detention length? | Little | Little | No; no bright-line rule adopted |
Key Cases Cited
- State v. Brake, 103 P.3d 699 (Utah Supreme Court, 2004) (establishes standards for reviewing suppression rulings and law-of-the-case treatment)
- State v. Markland, 112 P.3d 507 (Utah Supreme Court, 2005) (reasonable suspicion standard for detentions)
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court, 1968) (detention based on reasonable suspicion; scope limited by investigation)
- State v. Beach, 47 P.3d 932 (Utah Court of Appeals, 2002) (continued questioning within the scope of reasonable suspicion)
- City of St. George v. Carter, 945 P.2d 165 (Utah Court of Appeals, 1997) (detention justification where observations remain within reasonable suspicion)
- Levin v. State, 101 P.3d 846 (Utah Court of Appeals, 2004) (time considerations in investigative detention involving multiple suspects)