State v. Lloyd
263 P.3d 557
Utah Ct. App.2011Background
- Defendant Lloyd was stopped after police received an anonymous-like report from Stacy about three people smoking drugs in a small green car behind her building.
- Officers Powers and Harris approached, detected a distinctive cat urine odor from the car, which they associated with burning crack cocaine.
- Defendant was approached, claimed a gun under his seat, and exited the car; officers found a handgun in a bag and syringes in a eyeglass case within the bag, later linking to drug paraphernalia and methamphetamine.
- One passenger had warrants; she was arrested and drugs were found on her person, including crack cocaine and a pipe.
- Defendant was charged with possession of a controlled substance, possession of a firearm by a restricted person, and drug paraphernalia; the suppression motion challenged the tip’s reliability and the odor evidence; the district court denied suppression and Defendant pled guilty with right to appeal.
- The court held that the informant tip alone was insufficient, but the odor detected by officers provided reasonable suspicion to detain and probable cause to search the vehicle, leading to a constitutional seizure and search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the informant tip alone establish reasonable suspicion or probable cause? | Lloyd | Stacy tip unreliable anonymous | Tip alone insufficient; odor evidence supplemented suspicion and probable cause. |
| Does the odor of cat urine associated with crack cocaine support reasonable suspicion or probable cause? | Powers’s experience supports odor identification | Cocaine is odorless; odor identification unreliable | Distinctive odor with officer experience supports reasonable suspicion and probable cause to search. |
| Were the detention and vehicle search constitutional given probable cause? | Detain for brief investigation; search justified by probable cause to seize contraband | Detention/arrest lacked initial probable cause | Detention justified by reasonable suspicion; search of vehicle permissible with probable cause; evidence admitted. |
| Was the scope of search properly limited to valid containers and did it yield admissible evidence? | Search of bag and eyeglass case within bag was lawful | Overbroad or improper search | Search of containers within vehicle valid; evidence seized permissible. |
Key Cases Cited
- State v. Saddler, 2004 UT 105 (Utah 2004) (flexible, totality-of-circumstances approach to informant reliability)
- Salt Lake City v. Street, 251 P.3d 862 (Utah Supreme Court 2011) (informant corroboration can bolster reliability of tips)
- State v. Wright, 1999 UT App 86 (Utah App. 1999) (officer's sense of smell and experience may support probable cause)
- State v. Despain, 2007 UT App 367 (Utah App. 2007) ( Utah Constitution considerations; suppression standard guidance)
- Maryland v. Dyson, 527 U.S. 465 (U.S. 1999) (automobile exception to warrantless searches; probable cause to search a vehicle)