Supreme Court Review 2016/2017 TERM
SATURDAY, SEPTEMBER 23, 2017
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Issue:  Evidence Suppression Based on Unlawful Warrant

Utah v. Strieff

14-1373

QUESTION(S) PRESENTED

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?

DECISION

Decided June 20, 2016 HOLDING

The evidence Officer Fackrell seized incident to Strieff’s arrest is admissible based on an application of the attenuation factors from Brown v. Illinois, 422 U. S. 590. In this case, there was no flagrant police misconduct. Therefore, Officer Fackrell’s discovery of a valid, pre-existing, and untainted arrest warrant attenuated the connection between the unconstitutional investigatory stop and the evidence seized incident to a lawful arrest.

Dissent Author image Justice Sotomayor
Dissent Author Sotomayor
Agree image Justice Breyer
Agree Breyer
Author image Justice Thomas
Author Thomas
Recused image Justice Scalia
Recused Scalia
Agree image Chief Justice Roberts
Agree Roberts
Agree image Justice Kennedy
Agree Kennedy
Agree w/ Kagan image Justice Ginsburg
Agree w/ Kagan Ginsburg
Agree image Justice Alito
Agree Alito
Dissent Author image Justice Kagan
Dissent Author Kagan

THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, BREYER, and ALITO, JJ., joined. SOTOMAYOR, J., filed a dissenting opinion, in which GINSBURG, J., joined as to Parts I, II, and III. KAGAN, J., filed a dissenting opinion, in which GINSBURG, J., joined.

Text of Opinion
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ORAL ARGUMENT

Argued February 22, 2016

Transcript
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PROCEEDING BELOW

Supreme Court of Utah
Decided January 16, 2015
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SUPREME PODCAST COVERAGE

DATE TITLE CASE STAGE LISTEN NOW
2016-03-03 Illegal Police Stop Resulting in the Discovery of an Outstanding Warrant Oral Argument go to coverage