Dissenting opinions. At trial, Strieff argued that the seized drugs came to light only as the result of Fackrell's unconstitutional search and seizure and that therefore the drugs should be excluded from evidence. Case Summary of Utah v. Strieff: A police officer, suspecting that a house was being used for drug transactions, stopped Strieff when he walked out of the house. Second, the Court considered the presence of intervening circumstances and determined that this factor strongly favored the State. The Supreme Court granted certiorari to resolve a split among state and federal courts as to how the attenuation doctrine applies when an unconstitutional detention leads to the discovery of a valid arrest warrant. The majority concluded its opinion by addressing Strieff’s (and the dissenting justices’) argument that its holding would result in police officers engaging in dragnet searches because of the prevalence of outstanding arrest warrants. at 6, 8. Procedural History. certiorari to the supreme court of utah. Strieff handed Fackrell his Utah identification card. Audio Transcription for Oral Argument - February 22, 2016 in Utah v. Strieff Audio Transcription for Opinion Announcement - June 20, 2016 in Utah v. Strieff John G. Roberts, Jr.: And Justice Thomas has our opinion this morning in case 14-1373 Utah versus Strieff. Narcotics detective Douglas Fackrell conducted surveillance on a South Salt Lake City residence based on an anonymous tip about drug activity. The State of Utah (plaintiff) charged Strieff on drug charges. ), they bombarded me the day the conference began to ask about the attenuation doctrine and its application in Utah v. Strieff (decided the day before). Strieff is nearly certain to impact cases in North Carolina. Slip op. To determine whether the officer’s discovery of a valid arrest warrant minutes after detaining Streiff broke the causal chain between the unlawful seizure and the evidence obtained in the search of Strieff, the Court applied the three-factor test from Brown v. Illinois, 422 U.S. 590 (1975). And, on July 1, 2016, there were more than 500,000 unserved warrants and orders for arrest in the state’s warrant repository. The reporters are replete with cases applying the exclusionary rule to bar the admission of evidence gathered as a result of an unlawful stop or arrest. Facts. This opinion is subject to revision before final publication in the Pacific Reporter. Utah vs Strieff: Supreme Court Decision. Strieff was charged with unlawful possession of methamphetamine and drug paraphernalia. Episode 185 (Duration 13:49) Utah v. Strieff asks wether the discovery of a valid arrest warrant sufficiently intervenes to break the causal chain between an unlawful stop and the discovery of drug-related evidence. UTAH, PETITIONER. He moved at trial to suppress the evidence obtained in the search, arguing that it was inadmissible because it was derived from an unlawful investigatory stop. at 8. Argued February 22, 2016. Through policies like the Charter for Racial Justice and the General Conference 2016 Resolution “Stop Criminalizing Communities of Color,” United Methodist Women is working to address the expanding implications of mass incarceration. And, on July 1, 2016, there were more than 500,000 unserved warrants and orders for arrest in the state’s warrant repository. The Fourth Amendment exclusionary rule allows criminal defendants to suppress "fruit of the poisonous tree" -- that is, evidence obtained as a result of a search or seizure that violates the Fourth Amendment. Also, find resources on how to address issues of police misconduct and accountability, created by your community at United Methodist Women’s partner, SURJ:  Showing Up for Racial Justice. Defendant in this case entered a conditional plea to drug-related charges, reserving the right to appeal the denial of his motions to suppress and reconsider. The warrant for Strieff’s arrest was valid and predated Fackrell’s investigation. Third, the United States Supreme Court winds up its term, invariably deciding significant criminal law cases the very week of the conference. The attenuation exception to the exclusionary rule allows the evidence to be submitted despite the unlawful search or seizure because an intervening action has weakened the taint of the original unlawful act. Justices Sotomayer and Kagan wrote separate dissenting opinions, which Justice Ginsburg joined in part. After noting that the lower courts are in “disarray” in their application of the attenuation doctrine to the outstanding warrant scenario and the lack of direction from the U.S. Supreme Court on the matter, the Supreme Court concluded (1) the attenuation exception is limited to cases involving intervening acts of a defendant’s free will, as in a confession or consent to search; and (2) because this case involved no independent act of a defendant’s free will, the attenuation doctrine was not implicated, and Defendant was entitled to suppression of the evidence secured in the search incident to his arrest. ... Decision Summary: In a 5-3 decision, the Supreme Court ruled that if police detain anyone without cause and then find an outstanding warrant, the stop and search is deemed legal. At issue in this case was the applicability of the “attenuation” exception to the exclusionary rule to a fact pattern involving an unlawful detention leading to the discovery of an arrest warrant followed by a search incident to arrest. This Supreme Court decision further codifies into law the targeting and monitoring of, and restrictions on, people of color’s freedom of movement. at 4, 5 (Kagan, J., dissenting).) In the 20th century the exclusionary rule became the principal judicial remedy to deter Fourth Amendment violations. unless, of course, our state courts reject this expanded exclusionary rule exception under the North Carolina Constitution. The majority further deemed the warrant to be “entirely unconnected with the stop.” (Justice Kagan vehemently disagreed, characterizing the discovery of the warrant as “an eminently foreseeable consequence of stopping Strieff” particularly given the “staggering number of such warrants on the books.” Slip op. 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