Utah v. Strieff
Issues
Should courts suppress evidence obtained from a suspect after a police officer executes a valid arrest warrant, if the officer first illegally detained the suspect?
In 2006, an anonymous tip led Utah police officer Douglas Fackrell to investigate suspected drug activity at a house. After observing respondent Edward Strieff leave the house, Fackrell illegally detained him. During the stop, Fackrell learned Strieff had an outstanding arrest warrant. Fackrell arrested and searched Strieff, and found drugs and paraphernalia. In Strieff, the Supreme Court will decide whether evidence obtained incident to an illegal search should be admitted under the attenuation exception to the exclusionary rule. Generally, the exclusionary rule permits defendants to suppress evidence that has been obtained in violation of the Constitution. The attenuation exception, however, provides that evidence may be admissible if intervening circumstances have sufficiently weakened the taint of the original violation. Utah argues that the exclusionary rule only applies when it will deter future police misconduct. The state maintains that Fackrell did not flagrantly violate Strieff’s constitutional rights, and had a duty to arrest Strieff after discovering the arrest warrant. Accordingly, the rule would not deter misconduct. But Strieff contends the attenuation exception does not apply, because Fackrell could have foreseen that stopping Strieff illegally could have led to the discovery of a warrant. Strieff concludes that attenuation only applies when the “intervening event” that weakens the taint of Fackrell’s violation is unforeseeable. The Court’s decision could affect how police handle outstanding arrest warrants, and how judges balance Fourth Amendment protections with the need to admit relevant evidence.
Questions as Framed for the Court by the Parties
Should evidence seized incident to a lawful arrest on an outstanding warrant be suppressed because the warrant was discovered during an investigatory stop later found to be unlawful?
In December 2006, an anonymous tipster reported drug activity at a Utah residence. See State v. Strieff, 2015 UT 2, 3 (2015). In response to the tip, police officer Douglas Fackrell conducted “intermittent surveillance” of the residence.
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Additional Resources
Ben Winslow, U.S. Supreme Court Will Hear Utah Case Involving Drug Search, Fox 13 (Oct. 1, 2015).