Evidence from Illegal (but lawful) Arrest is Admissible

State of Utah v. Harker, 2010 UT 56, (Utah Supreme Court, September 28, 2010).

Police responded to an accident and requested Defendant’s proof of insurance.  Defendant provided the officer his proof insurance.  The officer, having had prior dealings with Defendant, contacted the insurance company and learned that defendant’s coverage had lapsed.  As a result, the officer arrested Defendant and searched Defendant subsequent to arrest.  The search turned up methamphetamine, Lortab, and a pipe.  Defendant moved to suppress the evidence because the arrest was not lawful under U.C.A. 77-7-2(1).

The Court found that the statue requires an officer to have experienced, firsthand through one of the officer’s physical senses, all of the elements of the offense; even an admission by a party is not enough to meet the requirement of in the presence.  Because the officer was not present to view Defendant driving, he could not have made the arrest under U.C.A. 77-7-2(1).  However, the arrest was lawful under the 4^th Amendment to the Constitution of the United States.  Because the arrest was lawful, the search did not violate Defendant’s right against unreasonable search and seizure and the evidence therefore is admissible; affirmed.

Full Decision available at http://www.utcourts.gov/opinions/supopin/Harker092810.pdf