Probable Cause for One = Probable Cause for All

State v. Talbot, 2010 UT App 352 (Utah Court of Appeals December 9, 2010).

Talbot was suspected to be in possession of a controlled substance with intent to distribute.  This suspicion was based on statements made to the Garfield County Sheriff.  The Sheriff contacted a deputy and authorized him to stop Talbot, if he was sighted.  The deputy sighted Talbot, stopped him, patted down, hand-cuffed and placed in a patrol car.  The deputy was then authorized to arrest Talbot.  The deputy then conducted a search incident to arrest of Talbot and his vehicle.  Talbot moved to suppress the discovered drug evidence because the search and seizure were unconstitutional.

Note: Talbot did not contest the initial detainment and pat-down; nor did he refer to the Utah State Constitution in his appeal, but appealed under the U.S. Constitution.

The Court of Appeals found that the Sheriff had probable cause to search and arrest Talbot and his knowledge is imputed to his deputies when they act on his instruction.  As such, the arrest was lawful under the Federal Constitution.   Therefore, the search incident thereto was also lawful, and evidence seized is not subject to the exclusionary rule.  Affirmed.

Additional note: Talbot also appeals because of he was not provided with the jury voir dire.  However, because he fails to provide the trial record necessary to address the issue, the Court did not reach this issue

Full Decision available at  http://www.utcourts.gov/opinions/appopin/talbot120910.pdf