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UT: Failure to record telephonic warrant application required suppression

By John Wesley Hall, Jr.

A Utah telephonic warrant was not recorded, and there was no record of its issuance. This violated the state requirement that warrant applications be preserved, which the court determines is a mandate to enable challenges to the warrant process. In Anderson v. Taylor (2006), the Utah Supreme Court mandated preservation of search warrant applications because one district was not. This situation violated Anderson. State v. Dominguez, 2009 UT App 73, 2009 Utah App. LEXIS 73 (March 19, 2009): [*P17] Because this is an issue of first impression, we are left to decide for the first time how strictly rule 40 should be enforced in Utah. Although we recognize that Defendant has not challenged the warrant on probable cause grounds or otherwise contested it, we take Anderson's mandate seriously...continue to full post

Full post as published by Fourth Amendment on March 23, 2009 (boomark / email).