246 P.3d 112
Utah Ct. App.2010Background
- Talbot distributed methamphetamine; sheriff sought warrant to search Talbot’s person, home, and vehicle; deputy stopped Talbot on patrol and handcuffed him for safety; sheriff instructed deputy to detain then arrest Talbot once probable cause was found; arrest preceded a warrant, after which a search yielded drugs and paraphernalia; magistrate later issued a search warrant with limited additional evidence found; Talbot was charged with distribution and paraphernalia offenses; Talbot moved to suppress the pre-warrant evidence, which the trial court denied; Talbot argued the absence of jury voir dire in the record warranted a new trial, which the court declined to reach due to no Rule 11(h) supplement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest and search incident were constitutional | Talbot (Talbot) argues arrest was unconstitutional due to Sheriff's instructions | Talbot contends deputy arrest violated scope of detention | Arrest valid if supported by probable cause; search incident lawful under collective knowledge |
| Whether the jury voir dire must be reviewed due to missing record | Talbot asserts voir dire omitted from record | Talbot failed to supplement under Rule 11(h) | Record not supplemented; issue not reviewed |
Key Cases Cited
- State v. Trane, 2002 UT 97 (Utah 2002) (probable cause and exigent circumstances; search incident valid)
- State v. Chansamone, 2003 UT App 107 (Utah App. 2003) (arrest and search timing; contemporaneous events sufficiency)
- State v. Bench, 2008 UT App 30 (Utah App. 2008) (standard for reviewing suppression rulings; factual findings reviewable for clear error)
- State v. Harker, 2010 UT 56 (Utah 2010) (probable cause suffices for a lawful arrest even without statutory authorization)
- United States v. Chavez, 534 F.3d 1338 (10th Cir. 2008) (horizontal/vertical collective knowledge doctrine; imputing probable cause to arresting officer)
- State v. Dorsey, 731 P.2d 1085 (Utah 1986) (early fellow officer rule authority for collective knowledge)
- Prows v. Utah, 2007 UT App 409 (Utah App. 2007) (application of collective knowledge doctrine)